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Full text of "Judgements, Orders, Regulations, Rulings, Decisions, Appendix and Reports 1933-1934"

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DEC 4 iydb 



THE BOARD OF 

RAILWAY COMMISSIONERS FOR CANADA 




INDEX TO VOL. XXIII 
OF 

JUDGMENTS, ORDERS, REGULATIONS AND RULINGS 
— OF THE BOARD OF RAILWAY COMMISSIONERS 

FOR CANADA 

FROM APRIL 1, 1933, TO MARCH 31, 1934 

Page 

A 

mdonment — McAuley Subd. (Kirkella to McAuley), Manitoba District — 

C.P.R. Co 299,304 

Accidents — Highway crossing — January, 1933 10 

Accidents — Highway crossing — February, 1933 39 

Accidents — Highway crossing — March, 1933 86 

Vocidents — Highway crossing — April, 1933 155 

\ccidents — Highway crossing — May, 1933 199 

Accidents — Highway crossing — June, 1933 210 

Accidents — Highway crossing — July, 1933.. 260 

Accidents — Highway crossing — August, 1933 279 

Accidents — Highway crossing — September, 1933 294 

Accidents — Highway crossing — October, 1933 323 

Accidents — Highway crossing — November, 1933 351 

Accidents — Highway crossing — December, 1933 367 

Act, 1933 — Canadian National-Canadian Pacific 259 

Agreement between C.N., CP. and Northern Alberta Ry. Cos. — Re competitive 

points on or beyond lines of the parties 157, 161, 245 

Amalgamation — Railway service' — Fredericton, N.B., — C.N. and CP. Rys 365 

Amendment — G.O. 131 — Re defects in locomotive driving wheels 221 

Amendment — G.O. 289 — Re rules governing inspection of locomotives and tenders. 327 

Amendment— G.O. 333— Re Exchange Tariff of Bell Telephone Co 229 

Amendment — G.O. 468 — Re specifications for highway crossing signals 275 

Amendment — G.O. 512 — Re shipping containers for transportation of explosives 

by freight — Shipping Containers, Ltd., Montreal 275,323 

Amendment — CO. 513 — Re conditions on passes limiting liability of railway com- 
panies 101 

Appeal from decision of Board in re agreement between C.N., CP. and Northern 

Alta. Ry. Cos., dated Jan. 29, 1929— CP.R. Co 245 

Apportionment of costs — CN.R. station, Hamilton, Ont. — Hamilton Street Ry. 

Co 59, 61. 62 

Approaches — Overhead bridge — Mlge. 10-94 Grimsby, Subd., CN. Rys.— fit. Cath- 
arines Suburban Area Commission 89,91 

Automobiles — Rates! — Walkerville, Ont., to Montreal, Que. — P.MjR. Co 319 

B 

Bala & Sutton Subds. at Zephyr, Ont. — Track connections between — Opening for 

traffic— CN. Rvs 215 

Beeton, Out.— Rates to Cancellation— CP.R. Co 319 

Bell Tel. Co — Exchange Tariff— Publicity given 229 

Berg, Mrs. Elizabeth, et al — Compensation' — Coal mines and minerals under North- 
ern Alberta Rys 23,30 

Biscuits (fox) — Rating — Ross-Miller Biscuit Co., Napanee, Ont 5,6 



2 

/ 

Page 

Bloor St., etc., Toronto — Subways — Apportionment of cost — C.N. and CP. Rys.. 91,93 

Bowmanville, Ont.— Protection— Scugog St.— CP.R 356,359 

Boxes — Corrugated fibreboard for matches — Shipping Containers, Ltd., Montreal. 7 

Brantford City and C.N. Rys.— 4Subway— West St.— Cost 44,45 

Brantford Municipal Ry. Co. — Fares— Street railway — Brantford, Ont 52 

Bridge St., Hastings, Ont. — C.N. Rys. crossing — Protection 19,23 

Bridge— Sandwich St., Walkerville, Ont.— Cost C.N. Rys 106,108 

Buffalo & Fort Erie Public Bridge Co. — Approval — Conditions on passes limiting 

liability .. . . .. 209 

Buffalo & Fort Erie Public Bridge Co.— Tolls— Peace Bridge 365 

Butter — Rates — Saskatoon to Eastern Canada — Saskatoon Co-operative Cream- 
eries, Ltd., Regina 55,59 

C 

Canada Woods Products Co., St. Thomas, Ont.— Rates— Lumber 281,284 

Canadian Car Demurrage Bureau — Demurrage penalties 9, 354 

Canadian Car Demurrage Bureau — Re Rule 8 of Canadian Car Demurrage Rules — 

Ruling 213 

Canadian Freight Assn. (G. C. Ransom) — Re expiry date of present rates on cer- 
tain articles . 7 

Canadian Freight Assn. — Supp. 6 to Canadian Freight Classification No. 18 — 

Approval 3 

Canadian; Livestock iCo-operative of Quebec, Ltd., vs. |C.N. Rys. — Switching 

charges — Sheep — Waltham, Que., to Point St. Charles 49,51 

Canadian Marconi Co., et al — Revised rates — Shore-to-ship code messages 327 

Canadian National-Canadian Pacific Act, 1933 259 

C.N. Rys. — Cancellation — Rate — Toronto to Merritton, Ont., etc 251 

C.N. Rys. — Cancellation — Rate — Granite, etc. — Sherbrooke to Granby, Que 277 

C.N. Rys. — Cancellation — Rates — Sugar — Halifax and Dartmouth, NJ3., and Saint 

John, N.B 318 

C.N. Rys. — Cancellation — Rate — Wooden handles — Tilsonburg, Ont., to Hamilton, 

Ont .. 51 

C.N. Rys. vs. City of Brantford— Subway, West St.— Cost 44,45 

C.N. Rys. vs. City of Oshawa — Subway, Simcoe St. — Cost 46,47 

C.N. Rys.-— Crossing — Bridge St., Hastings, Ont. — Protection 19,23 

C.N. and CP. Rys. — Changing rates to meet motor truck competition 38 

C.N. and CP. Rys. — Cost — Subways — Bloor St. and Rovce and St. Clair Aves., 

Toronto 91,93 

C.N. Rys.— Filing tariffs and supps. under M.F.R.A., 1927 134, 144 (2), 165, 

174, 188, 190 (2), 197, 201, 205, 219, 251, 256, 257, 274, 277, 292, 320, 326, 351,353 
C.N. Rys. vs. CP. and Northern Ailberta Ry. Cos. re Agreement of Jan. 29, 1929, as 

to competitive points on or beyond the lines of the parties 157, 161,245 

C.X. Rys. vs. Halton County, et al-^ Subway, Oakville, Ont.— Cost 103,106 

C.N. Rys. — Opening for traffic — Hemaruka-Scapa Br., Alta., between certain points. 259 

C.N. Rys— Opening for traffic— Oka spur, mlge. to 5-74, Que 202 

C.N. Rys. — Opening for traffic — Sunny-Brae-Guysboro Br., mlge. 1 to 10, N.S.. .. 198 
C.N. Rys. — Opening for traffic — Track between Bala and Sutton Subds. at Zephyr, 

Ont 215 

CN. Rys.— Rate— Felt— Windsor, Ont., to Oshawa, Ont 2 

CN. Rys. — Rate— Newsprint paper — Dalhousie, N.B., to Kingsey, Que 30 

C.N. Rys. station, Hamilton — 'Costs — Apportionment — Hamilton St. Ry. Co.. ..59,61,62 

C.P.R. Co.— Abandonment— McAuley Subd., Manitoba District-^Approval 299,304 

CP. and CN.Rys. — Amalgamation— Railway service — Fredericton, N.B 365 

CP. and CNjRys. — Pooling passenger trains — Quebec and Montreal; Montreal 

and Toronto 364 

C.P.R. Co.— Cancellation— Rates to Beeton, Ont 319 

CP.R. Co .-Cancellation— Rates to Smithville, Ont 202 

C.P.R. Co.— Cancellation— Rates to Teeswater, Ont 274 

CP.R. Co.— Filing tariffs and supps. under M.F.R.A., 1927 109, 125 (2), 126, 

127 (2), 128, 129 (2), 130, 135, 137, 138. 139, 179 (2), 180 (3), 181 (2), 
182, 183 (3), 184, 188 (2), 196, 198, 203, 204, 216 (2), 217, 245, 249, 

250 ( 2), 257 (2), 258, 269, 292, 298, 316, 320, 321, 325, 326,366 
CP.R. Co. — Leave to appeal to Supreme Court in re Agreement of Jan. 29, 1929, 

and Order of the Board 50139 245 

CP.R. Co. and City of Montreal— Structures and Works— Prefontaine, etc., Wards- 
Removal 359,363 

CP.R. Co.— Protection— Raglan St., Renfrew, Ont 243,244 



3 



Page 

C.P.R. Co.^Protection— Scugog St., Bowmanville, Ont 356,359 

C.P.R. Co., et al — .Revised rates — Code messages — Shore-to-ship 327 

C.P.R. Co.— Rate—Salt— Windsor. Ont., to Chatham, Ont 350 

C.P.R. Co.— Supp. 1 to S. F. M. Tariff C.R.C. No. W. 2871— Approval 297 

C.P.R. Co. vs. Twp. of East York and Town of Leaside — Subway — Leaside, Ont. — 

Cost 41,43 

Cancellation — Rates — Automobiles — Walkerville, Ont., to Montreal — P.M.R. Co.. 319 

Cancellation — Rate — C.N.Rys. — Toronto to Merritton, etc., Ont 251 

Cancellation — Rate — Sugar — Halifax and Darthmouth, N.S., and Saint John, N.B. — 

C.N.Rys 318 

Cancellation — Rate — Wooden handles — Tilsonburg, Ont., to Hamilton — CN.Rys.. 51 

Cancellation — Rates to Beeton, Ont. — C.P.R. Co 319 

Cancellation— Rates— Smithville, Ont.— CP .R. Co 202 

Cancellation— Rates-^Smithville, Ont. — T.H. & B.R. Co 204 

Canned goods — Rates — Waterford, Ont., to Grand Mere, Que. — M.C.R. Co.. .. 138 

Central Vermont Ry Co.— S.F.M. Tariff CR.C No. 2252— Approval 1 

Change in rates to meet motor truck competition — C.N. and CP. Rys 38 

Charge — Refrigerator cars — Vegetables — Vancouver and Victoria, B.C., to Toronto — 

Toronto Wholesale Merchants' Assn. — Ruling 47 

Charges (switching) — 'Sheep — Waltham, Que., to Point St. Charles — 'Canadian Live 

Stock Co-operative of Quebec vs. C.N. Rys 49,51 

Circular No. 234 — Re section 348 of Railway Act in re form of conditions limiting 

liability of railway companies when issuing free transportation 8 

Class rates — Beauharnois to Toronto — Confederated Freight Assn., Toronto, vs. 

C.N. Rys.. 231 

Classification rating — Fox biscuits — Ross-Miller Biscuit Co., Napanee, Ont 5,6 

Coal mines and minerals under Northern Alberta Rys. — Compensation — Mrs. 

Elizabeth Bergimd Penn Coals Ltd 23,30 

Compensation — 'Coal mines and minerals under Northern Alberta Rys. — Mrs. Eliza- 
beth Berg and Penn Coals Ltd 23, 30 

Competitive points on or beyond lines of parties as per agreement of January 29, 

1929,-C.N. Rys. vs. CP. and Northern Alberta Ry. Cos 157, 161,245 

Conditions — Form — Limiting liability of railway companies re free transportation 

—Approval 8,85,101 

Conditions on passes limiting liability — Buffalo & Fort Erie Public Bridge Co. — 

Approval 209 

Conditions on passes limiting liability — Detroit International Bridge Co. — Approval. 219 
Confederated Freight Assn., Toronto, — Class rates — Beauharnois to Toronto — C.N. 

Rys.. .. 231 

Corrugated fibreboard boxes for matches — Shipping Containers, Ltd., Montreal 7 

Cost— Bridge— Sandwich St., Walkerville, Ont.,— CN. Rys 106,108 

Cost— Interchange tracks between CP. and C.N. Rys.— North Battleford, Sask.. .. 94,95 

Cost— Protection— Furnival Road, Rodney, Ont.,— M.C. and P.M.R. Cos 304,308 

Cost— Protection— King St., Highgate, Ont.,— M.C. and P.M.R. Cos 309,310 

Cost— Protection— Graham St., West Lome, Ont.— M.C. and P.M.R. Cos 313,315 

Costs— Station, C.N.R,- Hamilton, Ont.,— Hamilton St. Ry. Co 59,61,62 

Cost— Subways— Bloor St. and Royce and St. Clair Aves., Toronto— C.N. and CP. 

Rys 91,93 

Cost— Subway— Leaside, Ont.,— C.P.R. Co. vs. Twp. of E. York and Town of Leaside 41,43 

Cost— Subway— Oakvi lie, Ont.,— CN. Rys. vs. County of Halton, et al 103,106 

Cost— Subway— Simcoe St., Oshawa, Ont.,— CN. Rys 46,47 

Crossing accidents — Highway— January, 1933 10 

Crossing accidents — Highway — February, 1933 39 

Crossing accidents— Highway — March, 1933 86 

Crossing accidents— Highway— April, 1999 [ 155 

Crossing accidents— Highway— May, 1933 \ 199 

Crossing accidents — Highway — June, 1933 \ \ ". [ 210 

Crossing accidents— Highway— July, 1933 .. . . . . . . . . . . [ 260 

Crassing accidents— Highway— August, 1933 * * [.] . . , . , [ , [ ' 279 

Crossing accidents— Highway— September, 1933 294 

Crossing accidents — Highway — October, 1933 323 

Crossing accidents— Highway— November, 1933 .. .'. . . [. \\ * 351 

Crossing accidents— Highway— December, 1933 \ 307 

Crossing— Bridge St., Hastings, Ont. —Protection— CN. R3's.. 19 23 
Crossing— Highway— Mitchell, Que.,— Parish of Notre Dame du Bon Conseii, Que.', 

vs. CN. Rys 329 331 339 341 350 

Cumberland Ry. & Coal Co.— Filing tariffs and supps. under M.F.R.A., 1927 ' ' ' 134 
77727—2 



4 



D 

Page 

Dangerous practices — Motorists, etc., at protected railway crossings 11,261 

Defects — Locomotive driving wheels — Engines leaving terminals 221 

Delivery and pick-up service — Special tariff of rates — A. P. Hecker, Agent, Richmond, 

Va. 319 

Demurrage penalties — Canadian Car Demurrage Bureau 9,354 

Detroit International Bridge Co. — Conditions limiting liability printed on passes — 

Approval 219 

Detroit & Windsor Subway Co. and Detroit & Canada Tunnel Co. — Tolls — Detroit 

Tunnel 37, 51, 273,322 

Distilleries for processing of gasoline — Re location near railway tracks 100 

Dome Mines, Ltd., South Porcupine, Ont., — Rate — Flint grinding pebbles — Montreal 

wharf to South Porcupine — Ruling 53, 55 

D.A.R. Co.— Filing tariffs and supps. under M.F.R.A., 1927.. 37, 38, 140 (2), 141 (2), 
142 (2), 143, 144, 145, 146 (2), 147 ( 2), 148 ( 2), 149 ( 2), 150 ( 2), 151 (2), 152 ( 2), 
153 (2), 161, 162, 163 (2), 164 (3), 165 (2), 166, 167 (2), 168 (2), 169 (2), 170, 
171 (2), 172 (2), 173 (2), 174 (2), 175 (2), 176, 177, 178 (2), 185, 186, 187 (2), 
189 (2). 195 (2), 196, 197 (2), 205, 206 (2), 207 (2), 208, 210, 217, 218, 221, 269, 

270 (2), 271 (2), 272 (2). 290 (2), 291, 296 (2), 321, 322 (2) 

D.A.R. Co.— Rate— Sugar— Halifax, N.S., to Windsor, Ont 139 

Dominion Biscuit Co., Vancouver, et al, — Rates — Wheat and flour when manufac- 
tured into macaroni, etc 33,36 

Dominion Traffic Assn., Toronto, — Rate — Wine — Saint John, N.B., to Toronto — C.X. 

Rys 63,65 

Driving wheels of locomotives — Defects — Permission to leave terminals 221 

Dutton, Ont.,— Main St.— Protection— M.C. and P.M.R. Cos 311,312 

E 

East York Twp. and Town of Leaside, — Subway — Leaside, Ont., — Cost — C.P.R. Co. 41,43 

Equipment of locomotives with electric head lights — Regulations governing 292 

Essex (Town), Ont., and M.C.R. Co. — Talbot St. crossing — Cost of protection.. .. 235 

Exchange tariff — Bell Tel. Co.— Publicity to be given 229 

Expiry date of present rates on certain articles — Extension — Canadian Freight Assn. 7 

Express Traffic Assn. — SupD. "B" to Express Classification No. 8 — Approval.. .. 198 
Express Traffic Assn.— Supp. 17 to Tariff C.R.C. No. E.T. 694 (amendment to 

Regulations for transportation by Express of acids, etc.) — Approval 203 

Extension — Expiry date — Present rates on certain articles — Canadian Freight Assn. 7 

F 

Famous Foods, Ltd., et al, Vancouver, — Rates — Wheat and flour when manufac- 
tured into macaroni, etc 33,36 

Fares — Brantford Municipal Ry. Commission — Street railway 52 

Fares— Ottawa Electric R. Co.— Increased from August 13, 1933 65,83,84,124,218 

Felt— Rate— Windsor, Ont., to Oshawa, Ont.,— C.N. Rys 2 

Fire-hazard — Pulpwood loading siding — C.N. Rys. Subdvs. — Northern Ontario and 

Quebec 355 

Firstbrook Boxes, Ltd., Toronto, — Rates — Mill refuse 241,242 

Flagman's position on electric cars — General Train and Interlocking Rules 276 

Flint grinding pebbles — Rate — Montreal wharf to South Porcupine — Dome Mines, 

Ltd.— Ruling 53,55 

Flour and wheat when manufactured into macaroni, etc., — Rates — Famous Foods, 

Ltd., et al, Vancouver 33,36 

Fox biscuits — Ruling — Ross-Miller Biscuit Co., Napanee, Ont 5,6 

Fredericton, N.B.— Amalgamation— Railway service— CP. and C.N. Rys 365 

Fredericton & Grand Lake Coal & Rv. Co.— Filing tariffs and supps. under M.F.R.A., 

1927 130, 131 (2), 132 (2), 133 (2), 185, 248, 258,297 

Free transportation— Form of conditions limiting liability of railway companies.. ..8,85,101 

Freight classification — Mead's cereal — Mead Johnson & Co 253,255 

Freight rates— Wheat and flour when manufactured into macaroni, etc.— Famous 

Foods, Ltd., et al, Vancouver 33,36 

Furnival Road, Rodney, Ont.,— Protection— M.C. and PJVLR. Cos. . . . . . .' .' 304,308 

G 

Gates— Graham St., West Lome, Ont.— Removal— M.C. and P.M.R. Cos 313,315 

Gates— King St., Highgate, Ont.— Removal— M.C. and P.M.R. Cos 309,310 



5 



Page 

G a tes— Main St. west of Comber station, Ont.— Removal— M.C. and N.Y.C.R. Cos. 233,234 

Gates— Main St., Dutton, Ont.— Removal-^VLC, and P.M.R. Cos 311,312 

Gates— Queen St., Tilbury, Ont.— Removal— M.C. and N.Y.C.R. Cos 238,240 

Gates— Talbot St., Essex, Ont.— Removal— M.C. and N.Y.C.R. Cos.. .. .. .. 235,237 

General Order No. 511 — Canadian Freight Assn. Supp. 6 to Canadian Freight 

Classification No. 18 — Approval 3 

General Order No. 412 — Shipping Containers, Ltd., Montreal — Corrugated fibre- 
board boxes for matches 7 

General Order No. 513 — Re conditions on passes limiting liability of railway com- 
panies 85 

General Order No. 513A — Amendment G.O. 513 re conditions on passes limiting 

liability of railway companies 101 

General Order No. 514 — Re location near railway tracks of refineries for processing 

of gasoline 100 

General Order No. 515 — Railway Association of Canada— Specification — New mail 

apartment self-propelled cars — Approval 154 

General Order No. 516 — Amendment G.O. 131 re defects in locomotive driving 

wheels 221 

General Order No. 517 — Amendment G.O. 333 re publicity to be given Exchange 

Tariff of [Bell Tel. Co 229 

General Order No. 518 — Amendment G.O. 512 re shipping containers for transporta- 
tion of explosives, etc., by freight — Hinde & Dauch Paper Co. of Canada.. .. 275 

General Order No. 519 — Amendment G.O. 468 re specifications for highway crossing 

signals 275 

General Order No. 520 — Re General Train and Interlocking Rules and flagman's 

position on car 276 

General Order No. 521 — Rescinding G.O. 519 re specifications for highway crossing 

signals 278 

General Order No. 522 — Be regulations for equipment of locomotives with electric 

head-lights 292 

General Order No. 523 — Amending G.O. 512 — Re shipping containers for transporta- 
tion of explosives by freight , 323 

General Order No. 524 — Re inspection of locomotives and tenders — Lateral motion. 327 

General Train and Interlocking Rules — Amendment — Re flagman's position on lead- 
ing car 276 

Graham St., West Lome, Ont.— Protection— M.C. & P.M.R. Cos 313,315 

Granite — Rate— Sherbrooke to Granby, Que.— C.N. Rys 277 



H 



Halton County, et al, and C.N. Rys.— Cost— - Subway— Oakville, Ont 103,106 

Hamilton Street Ry. Co. re Order 49488 — C.N.R. terminals, Hamilton — Apportion- 
ment of costs 59,61,62 

Hastings, Ont. — Bridge St. crossing — Protection — C.N. Rys 19,23 

Hecker, A. P., Agent, Richmond, Virginia — Special tariff of rates including pick-up 

and delivery service — Permission to file 319,325 

Hemaruka-Scapa Br. — Opening for traffic — C.N. Rys 259 

Highgate, Ont.— King St.— Protection— M.C. and P.M.R. Cos 309,310 

Highway crossing accidents — January. 1933 10 

Highway crossing accidents — February, 1933 39 

Higrway crossing accidents— -M arch, 1933 86 

Highway crossing accidents — April, 1933 155 

Highway crossing accidents — -May, 1933 199 

Highway crossing accidents — June, 1933 210 

Highway crossing accidents — July, 1933 260 

Highway crossing accidents — August, 1933 279 

Highway crossing accidents— September, 1933 294 

Highway crossing accidents — October, 1933 323 

Highway crossing accidents — November, 1933 351 

Highway crossing accidents — December, 1933 367 

Highway crossing signals — Specifications for — Amendment 275,278 



I 

Inspection of locomotives and tenders — Lateral motion 327 

Interchange tracks between CjN. and CP. Rys.— North Battleford, Sask— Cost.. 94,95 
Iron, scrap malleable— Overcharge— Val Royal, Que., to Montreal (Point St. Charles 

station)— G. Solway & Sons, Toronto, vs. C.N. Rys 39 



J 

Page 

Joint use — Passenger station, etc.— Fredericton, N.B. — CP. and C.N. Rys 365 

K 

King St., Highgate, Ont.— Protection— M.C. and P.M.R. Cos 309,310 

Kirkella to McAuley, McAuley Subd, Manitoba District — Abandonment — C.P,R. 

Co 299,304 

Kleenex — Rates — Niagara Falls to B.C. coast points — Kotex Co., Niagara Falls, 

Ont.— Ruling 191 

Kotex Co., Niagara Falls, Ont. — Rates — Kleenex — -Niagara Falls to B.C. coast 

points — Ruling 191 



Lateral motion — Limits — Locomotives 327 

Leaside, Ont.^Subway-^Cost^CP.R. Co. vs. Twp. of East York and Town of 

Leaside 41,43 

Leave to appeal from Board's decision in re Agreement of January 29, 1929, 

between C.N, CP. and Northern Alberta Rys 245 

Liability of railway companies re conditions on passes — Approval 8,85,101 

Location near railway tracks of refineries for processing of gasoline 100 

Locomotive driving wheels — -Defects — Not allowed to leave terminals 221 

Locomotives equipped with electric headlights — Regulations re 292 

Lower Arch bridge, Niagara Falls — Tolls — Niagara Lower Arch Bridge Co.. .. 31 
Lumber — Rates — Canada Wood Products Co., St. Thomas, Ont 281,284 

M 

Main St., Comber station, Ont— Protection— MjC. and P.M.R. Cos 233,234 

Main St., Dutton, Ont.— Protection— M.C. and P.M.R. Cos 311,312 

Marble— Rate— Sherbrooke to Granby, Que.— C.N. Rys 277 

Maritime Coal, Ry. & Power Co.— Filing tariffs and supps. under M.F.R.A., 1927. 1 

M.F.R.A., 1927— Tariffs and supps. filed under by C.N. Rys 134, 144 (2), 165, 

174, 188, 190 (2), 197, 201, 205, 219, 251, 256, 257, 274, 277, 292, 

320, 326, 351, 353 

M.F.R.A, 1927— Tariffs and supps. filed under by C.P.R. Co 109, 125 (2), 

126, 127 (2), 128, 129 (2), 130, 135, 137, 138, 139, 179 (2), 180 (3), 
181 (2), 182, 183 (3), 184, 188 (2), 196, 19S, 203, 204, 216 (2), 
217, 245, 249, 250 (2), 257 (2), 258, 269, 292, 298, 316, 320, 321, 

325, 326, 366 

M.F.RA, 1927— Tariffs and supps. filed under by Cumberland Ry. & Coal Co... 134 

M.F.R.A., 1927— Tariffs and supps. filed under by D.A.R Co 37, 38, 

140 (2), 141 (2), 142 (2), 143, 144. 145, 146 (2), 147 (2), 148 (2), 
149 (2), 150 (2), 151 (2), 152 (2), 153 ( 2), 161, 162, 163 (2), 
164 (3), 165 (2). 166, 167 (2), 168 (2), 169 (2), 170, 171 (2), 
172 (2), 173 (2), 174 (2), 175 (2), 176, 177, 178 (2), 185, 186, 
187 (2), 189 (2), 195 (2), 196, 197 (2), 205, 206 ( 2), 207 (2), 
208, 210, 217, 218, 221, 269, 270 (2), 271 (2), 272 (2), 290 (2), 

291, 296 (2), 321, 322 (2) 
M.F.R.A., 1927 — Tariffs and supps. filed under bv Fredericton & Grand Lake Coal 

& Ry. Co 130, 131 (2), 132 (2), 133 (2), 185, 248,258 

M.F.R.A., 1927— Tariffs and supps. filed under by Maritime Coal, Ry. & Power Co. 1 
M.F.R.A., 1927 — Tariffs and supps. filed under by Sydney & Louisburg R. 

Co 31, 124,125 

M.F.R.A, 1927— Tariffs and supps. filed under by Temiscouata Ry. Co 95,96, 

97 (2), 98 ( 3), 99 (2), 100 (2), 190, 220, 273, 291, 295 (2) 

McAuley Subd., Manitoba District — Abandonment — C.P.R. Co 299, 304 

Mead's cereal— -Freight classification — Mead Johnson & Co., Ltd., Belleville.. 253,255 
Mead Johnson & Co., Ltd., Belleville— Freight classification— Mead's cereal.. .. 253,255 
M.C. and N.Y.CR. Cos.— Crossing gates— Main St. west of Comber station, Ont.— 

Removal 233,234 

M.C. and N.Y.C.R. Cos.— Protection— Quebec St, Tilbury, Ont 238, 240 

M.C. and N.Y.C.R. Cos.— (Protection— Talbot St, Essex, Ont 235,237 

M.C. and P.M.R. Cos.— Protection— Furnival Road, Rodney, Ont 304,308 

M.C. and P.M.R. Cos.— Protection— Graham St, West Lome, Ont 313,315 

M.C. and P.M.R. Cos.— Protection— King St., Highgate, Ont 309,310 



7 



Page 

M.C. and P.M.R. Cos.— Protection— Main St., Dutton, Ont 311,312 

M.C.R. Co.— Rate— Canned goods— Waterford, Ont., to Grand Mere, Que 138 

Mill refuse— Rates— Firstbrook Boxes, Ltd., Toronto 241,242 

Mitchell, Que. — Highway crossing Parish of Notre Dame du Bon Sonseil vs. CN. 

Rys 329, 331. 339, 341,350 

Montreal (City) and C.P.R. Co. — Structures and works — Prefontaine, etc., Wards 

—Removal ; 359,363 

Motorists, et al. — Dangerous practices at protected railway crossings 11,261 

N 

Newsprint paper — Rate— Dalhousie, N.B., to Kingsey, Que.— C.N. Rys . 30 

N.Y.C. and M.C.R. Cos.— Protection— Main St. west of Comber station, Ont.. .. 233,234 

N.Y.C and M.C.R. Cos.— Protection— Talbot St., Essex, Ont 235,237 

N.Y.C. and M.C.R. Cos.— Protection— Quebec St., Tilbury, Ont 238,240 

Niagara Lower Arch Bridge Co., Ltd. — Tolls — Lower Arch bridge 31 

N. St. C. & T.R. Co.— S.P. Tariff C.R.C. No. 160— Approval 2 

Nipissing Central R. Co.— S.F.M. Tariff C.R.C. No. 121— Approval 256 

Northern Alberta, C.N. and CP. Rys. re Agreement of January 29, 1929 — Com- 
petitive points on or beyond the lines of parties 157,161 

North Battleford, Sask. — Interohange tracks between C.N. and CP. Rys. — Cost.. 94,95 
Notre Dame du Bon Conseil, Que., vs. C.N. Rys. — Highway crossing — Mitchell, 

Que 329, 331, 339, 341,350 

O 

Oakville, Ont., et al, and C.N. Rys.— Subway— Cost 103,106 

Oka spur, mlge. to 5-74, Que. — Opening for traffic — C.N. Rys 202 

Opening for traffic — Bala and Sutton Subds. at Zephyr, Ont. — CN. Rys 215 

Opening for traffic — 'Oka spur, mlge. to 5-74, Que.— CN. Rys 202 

Opening for traffic — Sunny-Brae-Guysboro Br., mlge. 1 to 10, N.S. — CN. Rys.. .. 198 

Oshawa City and CN. Rys. — Subway— Simcoe St. — Cost 46,47 

Ottawa Electric R. Co.— Increased fares effective August 13, 1933.. ..65, 83, 84, 124,218 
Overcharge — Scrap malleable iron — Val Royal, Que., to Point St. Charles — G. 

Solway & Son, Toronto, vs. CN. Rys 39 

Overcharge — Sheep — Waltham, Que., to Point St. Charles (Montreal) — Canadian 

Livestock Co-operative of Quebec vs. CN. Rys 49,51 

P 

Paper (newsprint) — Rate — Dalhousie. N.B., to Kingsev, Que. — CN. Rys 30 

Peace Bridge— Tolls— Buffalo & Fort Erie Public Bridge Co 365 

Peanuts (salted)— Ratings-^Planters Nut & Chocolate Co., Toronto 284,289 

Penalties — Demurrage — Canadian Car Demurrage Bureau 9,354 

Penn Coals, Ltd., et al — Compensation — Coal lying under Northern Alberta Rys. 23,30 

P.M. and M.C.R. Cos.— Protection— nFurnival Road, Ont 304,308 

P.M. and M:CR. Cos.— Protection— Graham St., West Lome, Ont 313,315 

P.M. and MC.R. Cos.— Protection— King St., Highgate, Ont 309,310 

P.M. and M.C.R. Cos.— Protection-^Vlain St., Dutton, Ont 313,315 

P.M.R. Co.— Rates— Autos— Walkerville, Ont., to Montreal 319 

Planters Nut and Chocolate Co., Toronto — Ratings — Salted peanuts 284,289 

Pooling trains — Quebec to Montreal; Montreal to Toronto — CN. and CP. Rys.. 364 

Practices — Dangerous — Motorists, etc., at protected crossings 11,261 

Prince Rupert and Victoria, B.C. — Competitive points — Export grain traffic — 

C.N., CP. and Northern Alberta Ry. Cos 157,161 

Protection— Bridge St., Hastings, Ont.— CN. Rys 19,23 

Protection— Furnival Road, Rodney, Ont.— M.C. and P.M.R. Cos 304,308 

Protection-^Graham St., West Lome, Ont.— P.M. and M.C.R. Cos 313,315 

Protection— King St., Highgate, Ont.— P.M. and M.C.R. Cos 309,310 

Protection— Main St. west of Comber station, Ont.— MC and N.Y.CR. Cos.. .. 233,234 

Protection— Main St., Dutton, Ont.— M.C. and P.M.R. Cos 311,312 

Protection— Quebec St., Tilbury, Ont.— M.C and N.YCR. Cos 238,240 

Protection— Raglan St., Renfrew, Ont.— CP.R. Co 243,244 

Protection^Scugog St., Bowman ville, Ont.— CP .R. Co 356,359 

Protection— Talbot St., Essex, Ont.— M.C. and N.Y.CR. Cos 235,237 

Pulpwood loading sidings — Fire-hazard — CN. Rys. Subds., Northern Ontario and 

Quebec , 355 



8 



Q 

Page 

Quebec Street crossing, Tilbury, Ont. — Protection — M.C and P.M.R. Cos 238,240 

R 

Raglan St., Renfrew, Ont.— ^Protection— C.P.R.. . i 243,244 

Railway Association of Canada— Specifications — New mail apartment self-propelled 

cars. . 154 

Railway service — C.N. and CP. Rys. — Fredericton, N.B. — Amalgamation 365 

Ransom, G. C. — Permission to file supp. to tariff CRC No. 569 re expiry dates of 

certain rates 7 

Rates — Automobiles — Walkerville, Ont., to Montreal — P.M.R. Co 319 

Rates — Butter — Saskatoon to Eastern Canadian points — Saskatchewan Co-operative 

Creameries, Ltd., Regina 55,59 

Rates— Canned goods — Wiaterford, Ont., to Grand Mere, Que. — M.C.R. Co 138 

Rates — Class — Beauharnois to Toronto — Confederated Freight Assn. vs. CN. Rys. 231 

R^.tes— Felt— Windsor, Ont., to Oshawa, Ont.^C.N. Rys 2 

Rate — Flint grinding pebbles — Montreal wharf to South Porcupine — Dome Mines, 

Ltd.— Ruling. . .. 53,55 

Rate — Granite, etc. — Sherbrooke to Granby, Que. — C.N. Rys 277 

Rates — Lumber — 'Canada Wood Products Co., St. Thomas, Ont 281,284 

Rate — Kleenex — Niagara Falls, Ont., to B.C. coast points — Kotex Co. — Ruling.. 191 

Rates— Mill refuse— Firstbrook Boxes, Ltd., Toronto 241,242 

Rates— Salt— Windsor, Ont., to Chatham, Ont.--C.P.R. Co 350 

Rates— Sugar — Halifax and Darthmouth, N.S., and Saint John, N.B.— C.N. Rys.. .. 318 

Rates— Sugar— Halifax, N.S., to Windsor, Ont,— D.A.R. Co 139 

Rates — Wheat and flour when manufactured into macaroni, etc. — Dominion Biscuit 

Co., et al, Vancouver 33,36 

Rates — Wine — Saint John, N.B., to Toronto — Dominion Traffic Assn., Toronto, vs. 

C.N. Rys 63,65 

Rates — Wooden handles — Tillsonburg, Ont., to Hamilton, Ont. — C.N. Rys 51 

Rates (revised) — Shore-to-ship code messages — C.P., C.N. and Canadian Marconi 

Cos 327 

Rates to Beeton, Ont .^Cancellation— C.P.R. Co 319 

Rates to Smithville, Ont.— Cancellation— C.P.R. Co 202 

Rates to Smithville, Ont . --Cancellation— T.H. & B.R. Co 204 

Rates to Teeswater, Ont. — Cancellation — C.P.R. Co 274 

Rate — Toronto to Merritton, etc. — Cancellation — C.N. Rys 251 

Rating — Fox biscuits — Ross-Miller Biscuit Co., Napanee, Ont 5,6 

Ratings— Salted peanuts— Planters Nut & Chocolate Co., Toronto 284,289 

Refineries for processing of gasoline — -Location near railway tracks 100 

Refrigerator cars — Vegetables — Vancouver and Victoria, B.C., to Toronto — Charge — 

Toronto Wholesale Fruit Merchants Assn. — Ruling 47 

Regulations — Locomotives equipped with electric headlights 292 

Renfrew, Ont.— Raglan St.— Protection— CP.R. Co 243,244 

Rescission G.O. 519 re specification for highway crossing signals 278 

Rescission G. Orders 199 and 226 re regulations for equipment of locomotives with 

electric headlights 292 

Revised rates — Shore-to-ship code mesages — CP.R. Co., C.N. Telegraphs and Cana- 
dian Marconi Co 327 

Rodney, Ont., Furnival Road— Protection— M.C. and P.M.R. Cos 304,308 

Ross-Miller Biscuit Co., Napanee, Ont. — Rating — Fox biscuits 5,6 

Royce Ave., etc., Toronto— Subways— Cosi^C^N. and CP. Rys 91,93 

Rule 8 — Canadian Car Demurrage Bureau — Ruling 213 

Ruling — Charge — Refrigerator cars — Vegetables — Vancouver and Victoria, B.C., to 

Toronto — Toronto Wholesale Fruit Merchants Assn 47 

Ruling — Rate — Flint grinding pebbles — Montreal wharf to South Porcupine — Dome 

Mines, Ltd 53,55 

Ruling— Rate— Kleenex— Niagara Falls, Ont., to B.C. coast points— Kotex Co.. 191 

S 

St. Catharines Suburban Area Commision — Approaches — Overhead bridge — Grimsby 

Subd., CN. Rys 89,91 

St. Clair Ave., etc, Toronto— Subways— C.N. and CP. Rys.— Cost 91,93 

Salt— Rate— Windsor, Ont., to Chatham, Ont.^C.P.R. Co 350 

Salted peanuts— Ratings— Planters Nut & Chocolate Co., Toronto 284,289 



9 



Page 

Sandwich St., Walkerville, Ont.— Bridge— Cost— C.N. Rys 106,108 

Saskatchewan Co-operative Creameries, Ltd., Regina — Rates — Butter — 'Saskatche- 
wan to Eastern Canadian points, etc 55,59 

Scrap malleable iron — Rate — Val Royal, Que., to Point St. Charles station — G. 

Solway & Son, Ltd.— Toronto, vs. C.N. Rys 39 

Scugog St., Bowmanville, Ont.— Protection-^CP.R. Co 356,359 

Sheep — Switching charges — Waltham, Que., to Point St. Charles (Montreal) — Cana- 
dian Live Stock Co-operative of Quebec vs. C.N. Rys 49,51 

Shipping Containers, Ltd., Montreal — Shipping containers for transportation of ex- 
plosives by freight — Approval 7,323 

Simcoe St., Oshawa, Ont. — Subway — Cost — C.N. Rys. vs. City of O'shawa 46,47 

Solway, G. & Son, Toronto, vs. C.N. Rys. — Overcharge — Scrap malleable iron — Val 

Royal, Que., to Point St. Charles 39 

Special tariff on behalf of railway companies including pick-up and delivery ser- 
vice — Permission to file on one dav's notice — A. P. Hecker, Agent, Richmond, 

Va .. 319 

Specifications — Highway crossing signals — Amendment 275,278 

Specification — New mail apartment self-propelled cars — Railway Association — 

Approval ' . . ' 154 

S.F.M. Tariff C.R.C. No. 2252— Central Vermont Ry. Co.— Approval 1 

S.F.M. Tariff C.R.C. No. 121— Nipissing Central Ry. Co.— Approval 256 

S.P. Tariff C.R.C. No. 160 — N. St. C. & T. Ry. Co.— Approval 2 

S.P. Tariffs C.R.C. Nos. 16, 17 and 19— Fares— Ottawa Electric Ry. Co.— Approval. 

65, 83, 84, 124, 218 

S. Tariff C.N.R. No. 1— Fares — Brantford Municipal Ry. Co. — Approval 52 

Station — New C.N.R. at Hamilton — Apportionment of cost — Hamilton Street Ry. 

Co 59,61,62 

Stone, etc. — Rate — Sherbrooke to Granby, Que. — C.N. Rys 277 

Structures and work — Prefontaine, etc., Wards — Removal — Citv of Montreal vs. 

C.P.R. Co 359,363 

Subways— Bloor St., etc, Toronto— Cost— C.N. and CP. Rys 91,93 

Subway — Leaside, Ont. — Cost — C.P.R. Co. vs. Twp. of East York and Town of Lea- 
side 41,43 

Subway— Oakville, Ont. — Cost — C.N. Rys. vs. County of Halton, et ol 103,106 

Subway — Simcoe St, Oshawa. Ont. — Cost — CJNT. Rys. vs. City of Oshawa 46,47 

Subway— West St, Brantford, Ont.— Cost— C.N. Rys. vs. City of Brantford.. .. 44,45 

Sugar— Rate— Halifax and Darthmouth, N.S, and Saint John, N.B.— C.N. Rys. 318 

Sugar— Rate— Halifax, N.S, to Windsor, Ont,— D.A.R. Co 139 

Sunny-Brae-Guysboro Br, mlge. 1 to 10, N.S. — Opening for traffic — C.N. Rys 198 

Supp. 6 to Canadian Freight Classification 18 — Canadian Freight Assn. — Approval. 3 
Supp. to Tariff C.R.C. No. E-1936— Felt— Windsor, Ont, to Oshawa, Omt.— C.N. 

Rys 2 

Supp. to C.P.R. Tariff C.R.C. No. E-4632 and C.N.R. Tariff C.R.C. No. E-1979 re 

motor truck competition — Permission to file 38 

Supp. No. 1 to S.F.M. Tariff C.R.C. No. W-2871^C.P.R. Co.— Approval 297 

Supp. No. 1 to Tariff C.R.C. No. 18— Detroit and Windsor Subway Co 322 

Supp. 17 to Tariff C.R.C. No. E.T. 694 re amendments to Regulations for Trans- 
portation hy Express of Acids, etc. — Express Traffic. Assn. — Approval 203 

Supp. "B" to Express Classification No. 8 — 'Express Traffic Assn. — Approval.. .. 198 
Supp. 3 to Tariff C.R.C. No. 1— Niagara Falls Lower Arch Bridge Co.— Tolls- 
Approval 31 

Supp. to Tariff C.R.C. No. 569 re expiry dates of certain rates — Permission to file — 

G. C. Ransom 7 

Switching charges — Sheep — Waltham, Que, to Point St. Charles (Montreal) — Cana- 
dian Live Stock Co-operative of Quebec vs. C.N. Rys 49,51 

Sydney & Louisburg Ry. Co.— Filing tariffs and supp. under M.F.R.A, 1927.. 31, 124,125 



T 

Talbot Street crossing, Essex, Ont.— Protection— M.C. and N.YC. Ry. Cos.. .. 235,237 
Tariffs C.R.C. Nos. 15, 16, 17 and 18 covering tolls— Detroit Tunnel— Detroit & 

Windsor Subway Co, et al— Approval 37, 51, 273,322 

Tariff, S, C.R.C. No. 1 covering fares — Brantford Municipal Ry. Co. — Approval.. 52 

Tariff, S.F.M, C.R.C. No. 2252-^Central Vermont Ry. Co.— Approval 1 

Tariff, S.F.M, C.R.C. iNo. 121— Nipissing Central Ry. Co.— Approval 256 

Tariff S.P, C.R.C. No. 160— N. St. C. & T.R. Co.— Approval 2 



10 



Page 

Tariffs S.P., C.R.C. Nos. 16, 17 and 1&— Fares— Ottawa Electric Ry. Co.— Approval. 65, 83, 84 



Tariff C.R.C. No. 2 covering tolls— Peace Bridge— Buffalo & Fort Erie Public 

Bridge Co. — Approval 365 

Tariff, special, of rates, including pick-up and delivery service — Permission to file — 

A. P. Hecker, Agent, Richmond, Va 319 

Teeswater, Ont.— Rates to— Cancellation— C.P.R. Co 274 

Temiscouata Ry. Co. — Filing tariffs and supps. under M.F.R.A., 1927 95, 96, 

97 (2), 98 (3), 99 (2), 100 (2), 190, 220, 273, 291, 295 (2) 
Tolls — Detroit Tunnel — Detroit & Windsor Subway Co., et al — Approval.. ..37, 51, 273,322 
Tolls — Lower Arch Bridge, Niagara Falls — 'Niagara Lower Arch Bridge Co., Ltd. — 

Approval 31 

Tolls— Peace Bridge— Buffalo & Fort Erie Public Bridge Co.— Approval 365 

T.H. & B.R. Co.— Rates to Smithville, Ont.— Cancellation 204 

Toronto Wholesale Fruit Merchants Assn. — Charge — Refrigerator cars — Vege- 
tables — Vancouver and Victoria, B.C., to Toronto — Ruling 47 

Trafalgar Twp., Ont., et al, and C.N. Rys.— Subway— Oakville, Ont.--Cost.. .. 103,106 

V 

Vegetables — Refrigerator cars — Vancouver and Victoria to Toronto — Charge — 

Toronto Wholesale Fruit Merchants' Assn. — Ruling 47 

Victoria and Prince Rupert — Competitive points on or beyond lines of the parties — 

C.N., CP. and Northern Alberta Rys 157,161 

W 

Walkerville, Ont., to Montreal, Que. — Automobiles — Rates — P.M.R. Co 319 

Walkerville, Ont.— Bridge— Sandwich St.— Cost— C.N. Rys 106,108 

West St., Brantford, Ont.— Subway—€ost--C.N. Rys. vs. City of Brantford.. .. 44,45 
Wheat and flour when manufactured into macaroni, etc. — Rates — Dominion Biscuit 

Co., et al, Vancouver 33,36 

Wine — Rate — Saint John, N.B., to Toronto — Dominion Traffic Assn., Toronto, vs. 

C.N. Rys 63,65 

Wooden handles — Rate — Tillsonburg, Ont., to Hamilton — C.N. Rys 51 

Works and structures — Prefontaine, etc., Wards — Removal — Montreal City vs. 

C.P.R. Co 359,363 




OLlje 3Boart> of 

Eatltoap Commts&toners: for 

Judgments, Orders, Regulations, and Rulings 

Vol. XXIII Ottawa, April 1, 1933 No. 1 

This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscription, $3.00; single 
numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be made to the King's Printer, 
Ottawa, by postal money order, express order or accepted cheque. The use of currency for this purpose is 
contrary to the advice of the postal authorities find entails a measure of risk. Postage stamps, foreign money 
or uncertified cheques will not be accepted. No extra charge is made for postage on documents forwarded to 
points in Canada and in the United States, but cost of postage; is added to the selling price when documents 
are mailed to other countries. Early application should be made for copies in quantities. Subscriptions 
should be sent, in every case, to the King's Printer, Ottawa 

• ORDER No. 49630 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.10 

Thursday, the 9th day of March, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean; Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published in Supplement No. 5 to Tariff C.R.C. No. 3, 
filed by the Maritime Coal, Railway and Power Company under section 9 of the 
Maritime Freight Rates Act, be, and it is hereby, approved, subject to the pro- 
visions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll which but for the 
said Act would have been effective in lieu of that published in the said Supple- 
ment No. 5 to Tariff C.R.C. No. 3, approved herein, is contained in Supplement 
No. 4 to Tariff C.R.C. No. 4. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 49642 

In the matter of the application of the Central Vermont Railway Company, 
hereinafter called the "Applicant Company;' under Section 330 of the 
Railway Act, for approval of its Standard Freight Mileage Tariff C.R.C. 
No. 2252, on file with the Board under file No. 1036.1. 

Tuesday, the 14th day of March, A.D. 1933. 
Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

Upon the report and recommendation of the Assistant Chief Traffic Officer — 
It is ordered: That the applicant company's Standard Freight Mileage 
Tariff C.R.C. No. 2252, on file with the Board under file No. 1036.1, be, and it 
is hereby, approved; the said tariff, with a reference to this order, to be pub- 
lished in at least two consecutive weekly issues of the Canada Gazette. 

C. P. FULLERTON, 
1 Chief Commissioner. 



2 



ORDER No. 49664 

In the matter of the application of the Niagara, St. Catharines and Toronto 
Railway Company, hereinafter called the u Applicant Company," under 
Section 333 of the Railway Act, for approval of its Standard Passenger 
Tariff C.R.C. No. 160, on file with the Board under file No. 34322. 

Thursday, the 16th day of March, A.D. 1933. 

Hon. C. P. Ftjllerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

Upon reading the submissions filed on behalf of the city of St. Catharines, 
the village of Port Dalhousie, and the town of Merritton, no reply having been 
received from the town of Thorold to the letters of the Secretary of the Board 
dated January 28 and March 4, 1933; and upon the report and recommendation 
of the Assistant Chief Traffic Officer of the Board, — 

It is ordered: That the applicant companv's Standard Passenger Tariff 
C.R.C. No. 160, on file with the Board under file No. 34322, be, and it is hereby, 
approved; the said tariff, with a reference to this order, to be published in at 
least two consecutive weekly issues of the Canada Gazette. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 49682 

In the matter of the application of the Canadian National Railways, hereinafter 
called the " Applicants" for permission to file, on less than statutory notice, 
a supplement to tariff C.R.C. No. E-1936, for the purpose of correcting an 
error in a rate published in Supplement No. 17 to tariff C.R.C. No. E-1936: 

File No. 27612.72 

: Wednesday, the 22nd day of March, A.D. 1933. 

S. J. McLean, Asst. Chief Commissioner. 
J. A. Stoneman, Commissioner. 

Upon its appearing that, through misunderstanding, a rate of 37 cents per 
100 pounds on felt, in carloads, from Windsor, Ontario, to Oshawa, Ontario, was 
published in the said supplement, instead of 47 cents the rate published by the 
Canadian Pacific Railway Company between the same points; and upon the 
recommendation of the Assistant Chief Traffic Officer of the Board, — 

It is ordered: that the applicants be, and they are hereby, permitted to 
publish and file, on one day's notice, a supplement to the said tariff C.R.C. No. 
E-1936 changing the rate on felt, in carloads, from Windsor, Ontario, to Oshawa, 
Ontario, to read 47 cents instead of 37 cents per 100 pounds. 

S. J. McLean, 

Assistant Chief Commissioner, 



61253 



3 



GENERAL ORDER No. 511 

In the matter of the application of the Canadian Freight Association, under 
Section 322 of the Railway Act, for approval of proposed Supplement 
No. 6 to Canadian Freight Classification No. 18, on file with the Board 
under file No. 33365.91." 

Tuesday, the 21st day of March, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

Whereas notice has been given by the Canadian Freight Association in 
the Canada Gazette, as required by section 322 of the Railway Act, and copies 
of the said supplement furnished to the organizations named in the General 
Orders of the Board Nos. 271, 348, 353, 469, and 471, with the request that 
their objections, if any, be filed within thirty days; and upon consideration of 
the objection filed by the Bartram Paper Products Company, Limited, Van- 
couver, British Columbia, and the report and recommendation of the Chief 
Traffic Officer of the Board, — 

It is ordered: That the said proposed Supplement No. 6 to Canadian 
Freight Classification No. 18 be, and it is hereby, approved, subject to the 
following changes and additions, namely: — 

Page Item 

No. No. L.C.L. C.L. 

9 10 Elevators, Freight or Passenger, and necessary equipment there- 

for: 

Add to this item: — 

Traction Machines, Gear or Gearless. 
9 28 This item to be changed to read: — 

and con- 
tinued Fertilizers, Chemically Prepared, N.O.I.B.N.: 
on page 
10 

In bulk in bags weighing each 25 lbs. or less 3 

In inner containers in barrels or boxes 3 

In bulk in bags weighing each 25 lbs. or less or in inner con- 
tainers in barrels or boxes, C.L., min. wt. 30,000 lbs 5 

In bulk in cloth bags weighing each over 25 lbs., or in bulk in 
barrels 4 

In bulk in multiple-wall paper bags weighing each over 25 lbs., 
see Rule 2, Section 12 (5) 4 

In bulk in cloth or multiple- wall paper bags weighing each over 
25 lbs., see Rule 2, Section 12 (6), in bulk in barrels or in 

bulk, C.L., min. wt. 30,000 lbs 7 

11 20 Change Item No. to 25 and to read: — 

Paper (See Note) . 
11 26-27 Add item reading as follows: — 

Bags, Paper: 

Oiled, Waxed, Glassine or Vegetable Parchment, printed or 
not printed: 

In bundles, O.Pv.C, or in bales, boxes or crates 2 

In packages named, C.L., min. wt. 30,000 lbs 4 

11 33 Add note reading as follows:- — 

Note — Paper bags, wrapping paper or Paper Wrappers, as 
shown on page 147, items 3 to 10 and page 152, items 5 to 
8 of the Classification, and page 11, items 26 to 32 of this 
supplement, in mixed carloads with articles enumerated under 
the distinctive heading of "Groceries" that are provided 
with a C.L. mm. wt. of 24,000 lbs., or lower, will be accepted 
in mixed carloads at C.L. min. wt. of 24,000 lbs., provided the 
combined weight of the Bags, Wrapping Paper and Wrappers 
does not exceed 25 per cent of the total weight of the 
shipment. 

(The above cancels Note, item 11, page 147 of the Classi- 
fication.) 



4 



Page Item 

No. No. L.C.L. C.U 

14 5 Add the following: — 

Alochol, Denatured or Wood (Methyl Hydrate). Cancel items 
2, 3, 4 and 5, page 184, of the Classification. For ratings see 

items 24, 26, 28 and 30, page 6, of this supplement 

17 20 This item to be changed to read: — 

Razor Blades, subject to rule 20. 

When declared value does not exceed $1 per pound, in boxes. 1 
When declared value exceeds $1 per pound or if consignor 

does not declare the value, in boxes D-l 

20 40-44 This item to be changed to read: — ■ 
Woodpulp, Charred: 

Activated, Absorbent, Clarifying Decolourizing or Deodor- 
izing : 

In bags or barrels 3 

In packages named, C.L., min. wt. 30,000 lbs 5 

Woodpulp, Charred, or Woodpulp, Charcoal, N.O.I.B.N.: 

In bags or barrels 3 

In packages named, C.L., min. wt. 30,000 lbs 5 



C. P. FULLERTOX, 

C hief Com misison t r , 




Kmltoap Commissioner* for Canaba 



Judgments, Orders, Regulations, and Rulings 



Vol. XXIII Ottawa, April 15, 1933 No. 2 



This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscription, $3.00; single 
numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be made to the King's Printer, 
Ottawa, by postal money order, express order or accepted cheque. The use of currency for this purpose is 
contrary to the advice of the postal authorities and entails a measure of risk. Postage stamps, foreign money 
or uncertified cheques will not be accepted. No extra charge is made for postage on documents forwarded to 
points in Canada and in the United States, but cost of postage is added to the selling price when documents 
are mailed to other countries. Early application should be made for copies in quantities. Subscriptions 
should be sent, in every case, to the King's Printer, Ottawa 



Application of The Ross-Miller Biscuit Company Limited, Napanee, Ontario, 
for reduction in the classification rating of Fox Biscuits from 3rd to l+th 
Class. 

File No. 38575. 

JUDGMENT 

By the Board: 

At the hearing of this application in Ottawa on March 17 last, Mr. Fremont 
stated that " the application is to have fox biscuits only altered in classification 
— not dog biscuits. We are convinced that dog biscuits do not deserve the same 
consideration." 

Mr. Robinson, for the Ross-Miller Company stated that dog biscuits and 
dog feeds of all kinds are made entirely differently from fox feeds, although the 
biscuits might be somewhat similar in shape. He was asked as to the contents 
of each, and replied that about seven different kinds of fox biscuits and three 
kinds of dog biscuits were manufactured, and that the book filed as Exhibit No. 1 
contained the formulae used. The book contains but one formula described as 
fox biscuits, and one for Kennel (dog) biscuits. These are as follows: — 



FOX BISCUITS KENNEL BISCUITS 



(Winter feeding) 


(Dog) 


2,426 lbs. flour 


2,450 lbs. flour 


225 " middlings 


225 " middlings 


90 " meat 


90 " meat 


68 " bone 




14 " fish meal 


16 H fish meal 


12 " alfalfa meal 


12 " alfalfa meal 


14 " milk 


14 " milk 


27 " salt 


27 " salt 


2 qts. molasses 


13£ qts. molasses 


1 pt. cod oil 


5 pts. cod oil 



It will be seen that, with the exception of bone, included in the fox biscuits, 
the same materials are used in each, also, that the amounts of the dry contents 
are practically the same. More molasses and cod oil, however, are used in the 
dog biscuits. 

62030 r 



6 



If a reduction to 4th class were granted on the fox biscuits, the fact of the 
similarity of content and appearance of the dog biscuit would make it difficult 
for the companies to deny a similar reduction in the classification of that com- 
modity. 

It was argued that fox breeding was now getting into the hands of farmers, 
as a side issue, like poultry, and the rating on fox biscuits should be the same 
as on animal and poultry food, viz., 4th class. 

The value given by applicants for fox biscuits was 4^ cents per pound at 
Napanee, and cents delivered at points south of Muskoka. This would mean 
a value of $90 to $110 per ton. 

Poultry food, delivered in Ottawa, runs from $30 to $40 per ton, and one 
brand of prepared cattle food, used to increase the amount of milk production, 
runs from $30 to $32 per ton, according to the protein content. 

On the basis of value, the fox biscuits should pay a higher rating. 

Practically every farmer buys feed for his live stock and/or poultry, and 
the movement by railway is, therefore, very large. The fox food moves in 
small quantities, and to a comparatively few breeders. 

It was stated a fox would consume a little over 100 pounds per year, so that 
the difference in cost for feeding, if the breeder received the full benefit of a 
reduction from 3rd to 4th class, would not amount to more than 20 cents a year 
in Eastern Canada, for each animal. 

In view of the similarity in appearance and content of the fox and dog 
biscuits, and of all factors entering into classification rating, we are of the opinion 
that the rating on fox biscuits should not be lower than applicable to dog 
biscuits. 

If this fox food were shipped in powder or granular form, it would receive 
the benefit of 4th class rating, or the same as now allowed on " Vita Crumbla," 
or puppy meal. 

The application is dismissed. 

Ottawa, April 5, 1933. 



ORDER No. 49728 

In the matter of the application of the Ross-Miller Biscuit Company, Limited, 
of Napanee, Ontario, for a reduction in the classification rating of fox 
biscuits from 3rd to 4th class. 

File No. 38575 

Wednesday, the 5th day of April, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 
J. A. Stoneman, Commissioner. 

Upon hearing the application at the sittings of the Board held in Ottawa, 
March 17, 1933, the applicant company and the Canadian Freight Association 
being represented at the hearing, and what was alleged ; and upon the report and 
recommendation of the Assistant Chief Traffic Officer of the Board, — 

It is ordered: That the application be, and it is hereby, dismissed. 

C. P. FULLERTON, 

Chief Commissioner. 



7 



ORDER No. 49691 

In the matter of the application of G. C. Ransom, Agent, for permission to 
publish and file, on one day's notice, a supplement to Tariff C.R.C. No. 
569, extending the expiry date of certain items published in Supplement 
No. 4 to the said Tariff C.R.C. No. 569. 

File No. 27612.71 

Friday, the 24th day of March, A.D. 1933. 

S. J. McLean, Assistant Chief Commissioner. 
J. A. Stoneman, Commissioner. 

Upon its appearing that certain items published in the said Supplement 
No. 4 to Tariff C.R.C. No. 569 were made to expire March 31, 1933, in line 
with rates from United States territory; that the Interstate Commerce Com- 
mission, in ex-Parte 103, has extended the expiry date of such rates from 
United States territory; and that it is desirable that parity of rates be con- 
tinued, — 

It is ordered: That G. C. Ransom, agent, acting under power of attorney duly 
filed, be, and he is herebv, permitted to publish and file, on one day's notice, 
a supplement to Tariff C.R.C. No. 569 extending until September 30, 1933, the 
present rates published in the following items of Supplement No. 4 to Tariff 
C.R.C. No. 569, namely:— 

Items Nos. 330-A, 530-A, 610-A, 780-A, 980-A, 1040-A, 1330-A, 1500-A, 
1570-A, 1590-A, 1600-A, 1610-A, and 1710-A. 

S. J. McLEAN, 
Assistant Chief Commissioner. 



GENERAL ORDER No. 512 

In the matter of the application of Shipping Containers, Limited, of Montreal, 
in the Province of Quebec, for permission to use, for shipping over railways 
in Canada, certain shipping containers prescribed in Interstate Commerce 
Commission regulations for the transportation of explosives and other 
dangerous articles by freight, filed with the Board by B. W. Dunn, Agent, 
under C.R.C. No. 2. 

File No. 1717.35 
Tuesday, the 4th day of April, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 
Hon. T. C. Norris, Commissioner. 
J. A. Stoneman, Commissioner. 

Upon considering the submissions filed in support of the application, and 
the report and recommendation of the Assistant Chief Traffic Officer of the 
Board; and upon its appearing that a revision of the rules for the transportation 



8 



by freight of explosives and other dangerous articles over railways in Canada is 
now in progress; and upon the consent of the Railway Association of Canada, 
filed — 

It is ordered: 

1. That, effective April 10, 1933, corrugated fibreboard boxes complying 
with Shipping Container Specifications 24A, 24B, 24C, 24D, and 24E, published 
in Agent B. W. Dunn's Tariff C.R.C. No. 2, on file with the Board under file No. 
1717.35, may be used for shipping classes of freight permitted by the said tariff 
to be shipped in such containers over railways in Canada subject to the juris- 
diction of the Board. 

2. That the provisions of Specification 24B, as referred to above, be extended 
to include, for manufacture and use in the Dominion of Canada, a box of special 
construction for not over 45 pounds gross weight, as follows: — 

(a) Box must be one-piece " Slotted carton " type, complying with all 
provisions of Specification 24B, except as follows: 

(b) Board must be: 350-pound test board, double-faced B-flute type with 
at least 50 corrugations per foot; facings at least 0-020 of an inch thick; cor- 
rugated sheet at least 0-009 of an inch thick, and with strength, Mullen or Cady 
test, at least 60 pounds per square inch; 

(c) Adjoining edges of body must overlap at least \\ inches and be stitched 
to form joint. Stitches must be at not over 2^-inch intervals and within one 
inch of end of joint. Joints over 18 inches long must have two stitches at e$cb 
end, parallel to each other and not over one-half inch apart. Liners and liner 
pads not required; 

(d) Specification marking in rectangle on box must be C.R.C.-24B 45. 

C. P. FULLERTON, 

Chief Commissioner, 
Board of Railway Commissioners for Canada. 



CIRCULAR No. 234 

March 30, 1933. 
In re Section 348 of the Railway Act. 

File No. 496.43 

I am directed by the Board to call attention to the requirements of Section 
348, Subsection 1, of the Railway Act, and to request that your company comply 
with these requirements by filing forthwith for the approval of the Board a 
form of the conditions limiting its liability, upon which it is proposed to 
free transportation. 

By order of the Board 



A. D. CARTWRIGHT, 

Secretary, B.R.C. 



9 

Re Demurrage Penalties assessed by the Canadian Car Demurrage Bureau under 

General Orders 201 and 3^9. 

File No. 1700.338 

The following tables present in summarized form the reports of the Cana- 
dian Car Demurrage Bureau covering car demurrage charges assessed for the 
year 1932. 

Note. — First two days over free time $1 per day; three days or more, $5 
per day. 

EASTERN CANADA 















Number 




Number 








Number 




Number 




held 




held 






Total 


released 




held 




under 




3 days 




Month, 1932 


cars 


within 


Per- 


over 


Per- 


3 days 


Per- 


or more 


Per- 




handled 


free 


cent 


free 


cent 


over 


cent 


over 


cent 






time 




time 




free 




free 
















time 




time 




January 


113,442 


108,428 


95-58 


5,014 


4-42 


4,355 


3-84 


659 


0-58 


February 


123,618 


118,377 


95-76 


5,241 


4-24 


4,581 


3-71 


660 


0-53 


March 


137,410 


131,666 


95-82 


5,744 


4-18 


5,021 


3-65 


723 


0-53 


April 


123,429 


117,899 


95-52 


5,530 


4-48 


4,615 


3-74 


915 


0-74 


May 


117,708 


112,458 


95-54 


5,250 


4-46 


4,455 


3-78 


795 


0-68 


.June 


107,559 


102,439 


95-24 


5,120 


4-76 


4,082 


3-80 


1,038 


0-96 


July 


98,541 


94,491 


95-89 


4,050 


411 


3,287 


3-34 


763 


0-77 


August 


100,665 


96,698 


96-06 


3,967 


3-94 


3,271 


3-25 


696 


0-69 


September 


108,862 


104,671 


96-15 


4,191 


3-85 


3,615 


3-32 


576 


0-53 


October 


128,174 


123,278 


96-18 


4,896 


3-82 


4,216 


3-29 


680 


0-53 


November 


126,032 


120,802 


95-85 


5,230 


415 


4.476 


3-55 


754 


0-60 


December 


102,415 


97,909 


95-60 


4,506 


4-40 


3,889 


3-80 


617 


0-60 


Total 


1,387,855 


1,329,116 




58,739 




49,863 




8,876 














Monthly Aver- 




















age 


115,655 


110,760 


95-77 


4,895 


4-23 


4,155 


3-59 


740 


0-65 



WESTERN CANADA 



Monthly Aver- 
age 



70,928 


68,396 


96-43 


2,532 


3-57 


2,350 


3-31 


182 


0-26 


78,698 


76, 148 


96-76 


2,550 


3-24 


2,377 


3-02 


173 


0-22 


79, 431 


76,738 


90 -61 


2.693 


3-39 


2,357 


2-97 


336 


0-42 


68,052 


66, 106 


97-14 


1,946 


2-86 


1,642 


2-41 


304 


0-45 


66,682 


65,048 


97-55 


1,634 


2-45 


1,283 


1-92 


351 


0-53 


68,446 


67,029 


97-93 


1,417 


2-07 


1,221 


1-78 


196 


0-29 


55,185 


54,103 


98-04 


1,082 


1-96 


936 


1-70 


146 


0-26 


67,020 


65,767 


98-13 


1 , 253 


1-87 


1,103 


1-65 


150 


0-22 


111,036 


108,382 


97,61 


2,654 


2-39 


2,405 


2-17 


249 


0-22 


110,339 


106,444 


96-47 


3,895 


3-53 


3,480 


3-15 


415 


0-38 


93,591 


89,529 


95-66 


4,062 


4-34 


3,515 


3-76 


547 


0-58 


69,613 


66,313 


95-26 


3,300 


4-74 


2,928 


4-21 


372 


0-53 














939,021 


910,003 




29,018 




25,597 




3,421 












78,252 


75,834 


96-97 


2,418 


3-03 


2,133 


2-67 


285 


0-36 



Ottawa', March 31, 1933. 



A. D. C ART W RIGHT , 

Secretary. 



10 



ACCIDENTS REPORTED TO THE OPERATING DEPARTMENT, 
BOARD OF RAILWAY COMMISSIONERS, FOR MONTH OF 

JANUARY, 1933 

Railway accidents Ill, with 5 persons killed and 128 injured. 

Railway accidents at highway crossings 15, with 3 persons killed and 21 injured. 

126 8 149 

Killed Injured 

Passengers — 33 

Employees 1 84 

Others 7 32 

S 149 

DETAILS OF ACCIDENTS AT HIGHWAY CROSSINGS 

No. of 

Accidents Nova Scotia 

1 Automobile— Ran into freight car being pushed over crossing. NJS. licence 31-154. 

Quebec 

1 Automobile — Ran into electric motor car. Que. licence 48571. 

1 Horse-drawn vehicle — Wagon driver attempted to beat train over crossing. 

Ontario 

4 Automobile— Ran into side of train. Out. licences 06588, C-46453, Z-874, C-2370. 
1 Automobile — Skidded onto track owing to slippery condition of pavement. Mich, 
licence 353542. 

1 Automobile — Auto driver familiar with crossing, took no precautions. Ont. licence 
MD-715. 

1 Auto Truck — Truck driver's vision obscured by frost on windshield. Ont. licence 
694106. 

1 Auto Truck— Ont. licence 33-180-C. 
1 Automobile— Ont. licence T-619. 

Saskatchewan 

1 Auto Truck — Ran into side of train. Sask. licence 5-940. 

Alberta 

1 Auto Truck — Ran into side of train. Alta. licence BT3-269. 

British Columbia 
1 Auto Truck — Driver attempted to beat train. B.C. licence 60-414. 

Of the 15 accidents at highway crossings, 14 occurred at unprotected cross- 
ings and 1 at protected crossings. Eleven of the accidents occurred during the 
daylight hours and four at night. 



ftfje S?oarti of 



IF T%*S$ 




Eatltoap Commissioners for Canaba 

Judgments, Orders, Regulations, and Rulings 



Vol. XXIII 



Ottawa, April 19, 1933 



No. 3 



This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscription, $3.00 ; single 
numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be made to the King's Printer, 
Ottawa, by postal money order, express order or accepted cheque. The use of currency for this purpose is 
contrary to the advice of the postal authorities and entails a measure of risk. Postage stamps, foreign money 
or uncertified cheques will not be accepted. No extra charge is made for postage on documents forwarded to 
points in Canada and in the United States, but cost of postage is added to the selling price when documents 
are mailed to other countries. Early application should be made for copies in quantities. Subscriptions 
should be sent, in every case, to the King's Printer, Ottawa. 



Dangerous Practices of Motorists, Drivers of Other Vehicles, and 
Pedestrians at Protected Highway Crossings. 

Files 45.8.1; 45.8.3 

In many cases accidents at highway crossings are due to the negligence 
of those driving automobiles and other vehicles and of pedestrians. This 
negligence is found both at unprotected and protected crossings. 

The Canadian National Railway lines from December 1, 1932, to Feb- 
ruary 28, 1933, show forty cases where there was danger at protected crossings 
due to the negligence of those using the crossings. 

The Canadian Pacific Railway (Western Lines) from September 1, 1932, 
to December 31, 1932. and (Eastern Lines) from November 1, 1932, to January 
31, 1933, show a total of seventy-eight cases. 

Notwithstanding safety devices and cautionary signals, people take chances 
and disregard safety. Motor accidents are becoming more frequent. Every 
sane motorist deplores this. 

The Board hopes that the press will give as much publicity as possible to 
what is covered in the statement, with the hope that it may educate motor 
drivers and others to be more careful at crossings. 

If accidents are to be lessened, the sane motorist must educate the culpably 



negligent motorists, some of whose actions are recorded in the following lists: — 

CANADIAN NATIONAL RAILWAY LINES 


Date 


Time 


Crossing 


Licence No. 
of Auto 


Dangerous Practices 


Dec. 2 


8.40 


Toronto Street, Pt. 

Credit, Ont. 
8th Avenue, Regina, 

Sask. 

96th St., Crossing, Ed- 
monton, Alta. 

Stobie Public Road, 
Sudbury, Ont. 


J-3769 


Running by signal to stop , as 
train was approaching crossing 

Disregarded signals and drove 
car in front of train, and stalled 
on track; car struck with three 
passengers. No personal in- 
jury. 

Driver failed to notice approach- 
ing train and automobile was 
struck. 

Ran into side of caboose while 
train travelling about ten miles 
an hour. 


" 3 


10.37 K 


Sask. 20-247. . . . 
Alta. 31513, 


; ;;»*'' 3 


14.12 K 


" 6 


11.30 a.m.. . 


AZ-688 







11 



12 

CANADIAN NATIONAL RAILWAY LINES 



> — Continued 



Time 



Crossing 



Licence No. 
of Auto 



Dangerous Practices 



11.30 a.m. 

6.20 p.m. 

20.10 K... 
17.18 K... 
.05 p.m. 

.15 a.m. 
11.25 a.m. 

6.10 p.m. 

2.50 P.. . 

13.20 

1.00 a.m. . 
1.05 p.m. . 
2.50 a.m.. 

20 K 

.30 K ... 

12.10 p.m. 
3.15 K 

19.10 K... 

i.05 p.m. . 

I. 20 p.m. . 

II. 43 a.m. 

20.10 K... 
7.20 p.m. . 

2.08 p.m. . 
17.55 K. . . 
16.55 K. . . 
5.30 p.m.. 



Stobie Public Road, 
Sudbury, Ont. 



Mill Street, Saint John 
N.B. 

Water Street, Wmni 
peg, Man. 

Water Street, Winni- 
peg, Man. 

Perth St., Crossing 
Brockville, Ont. 

East Main St.. Cross- 
ing, Welland, Ont. 

Norfolk St., Crossing. 
Simcoe, Ont. 

Davenport Road, To- 
ronto, Ont. 

Kingston Road, Co- 
bourg, Ont. 

Sixth Street, Brandon, 
Man. 

East Main St., Wei 

land, Ont. 
Market Street, Paris 

Ont. 

Main Street, Glencoe 
Ont. 

Sioux Lookout, 1,500 
feet west of station, 
Sioux Lookout, Ont. 

Public crossing M.P. 
2.2, Camrose Subd., 
Alta. 

Mill Street, Saint 
John, N.B. 

Level Crossing, Ver- 
non yard, B.C. 

Public Crossing, M.P, 
40.37, Drumheller 
Subd., Alta. 

Charlotte Street, Pe- 
terboro, Ont. 

Norfolk Street, Sim- 
coe, Ont. 

Main St. Crossing, Jar 
vis, Ont. 

Water Street, Winni 

peg, Man. 
Charlotte Street, Pe 

terboro, Ont. 



Fleet & Bathurst St. 
Toronto, Ont. 

Water Street, Winni 
peg, Man. 

Water Street, Winni- 
peg, Man. 

10th Avenue, Domin- 
ion, Que. 

Kingston Road, Co- 
bourg, Ont. 



15710-C 

J-4114 

Man. 30-074... 
Man. 26-569.. 
KX-517 

Ont. H.O. 374 
Z-2689 

Ont. M-8427. . 
Ont. ML-181.. 

37-826 

1 E 9253 

HB-390 

EE-205 

69-4106 

B.C. 3-269... . 

N.B. J-3458.. 
54-393 

Alta. 39624. .. 

L.S. 665 

EA 662 

17590 C 

Man. 5-434.... 
NF2 

H-3174 

Man. 18-273... 
Man. 7-285.... 
Que. 19423.... 

Ont. KE-850.. 



Passed above crossing immedi- 
ately ahead of train, missing 
same by not more than two or 
three feet. 

Gates down. Gong sounding 
and auto ran into gate. Driver 
claimed brakes not working. 

Ran by red light. 

Ran by red light. 

Driver of auto unable to stop for 
crossing on account of icy con- 
dition of road. 

Disregarded warning signals a 
crashed west gate. 

Auto hit by train when backing 
out of south siding. Stop 
signal was displayed. 

Auto crashed through lowered 
gates, and then drove away. 

Did not notice gates until too 
close to stop. 

Ignored stop signal when switch 
engine almost at crossing. 

Auto driver drove into lowered 
gates. 

Ignored warning signals and 

drove past watchman. 
Approached crossing with auto 

not under control. Crossing 

gate damaged. 
Truck driver failed to observe 

approaching engine. Truck 

struck and one injured. 

Twenty boys occupied truck. 
Driver failed to stop truck and 

ran into side of train. 

While being lowered, gate rod 
hit top of auto. 

Drove auto into side of box car 
being shoved over crossing by 
engine. Auto badly damaged. 

Auto ran into side of train. 
Highway slippery and auto 
skidded on ice. Auto dam- 
aged; no personal injuries. 

Approaching crossing too fast. 

Ran into side of moving train. 

Auto driver did not stop in time 
to prevent running into lowered 
gates. 

Ran by red light. 

Approached crossing with car not 
under control and unable to 
stop on account of slippery 
roads. Very reckless driving. 

Driver of auto disregarded stop 
signal. 

Ran by red light. 

Ran by stop disk. 

Did not stop for lowered gates; 
ran into same damaging south 
gate. 

Did not have auto under control 
approaching crossing. 



13 



CANADIAN NATIONAL RAILWAY LINES — Concluded 





Time 


Crossing 


Licence No. 
of Auto 


Dangerous Practices 


Feb. 3 




Mill St. Crossing, 
Saint John, N.B. 

Davenport Road, 
Crossing, Toronto, 
Ont. 

West Street, Orillia, 
Ont. 


J-1952 


Driver of auto ran against gate 

damaging same. 
Reckless driving. 

Driver of auto unable to stop 
before crashing into gates. 
Warning bell sounded before 
gates were lowered. 


" 25......;-. 


7.15 a.m. . . . 
11.55 a.m. . . 


20297 C 


" 27 


KA-847 






CANADIAN PACIFIC RAILWAY (Western Lines) 


Date and 
District 


Time 


Crossing 


Licence No. 
of Auto. 


Remarks 


Manitoba District 
Nil. 

Saskatchewan 
District — 
Oct. 4, 1932... 

Nov. 29, 1932.. . 

Alberta District- 
Oct. 4, 1932... 

Nov. 14, 1932... 

" 15, 1932.. . 

" 16, 1932.. . 

ESQUIIHALT AND 

Nanaimo Rail- 
way — 
Nov. 1, 1932... 

" 1, 1932... 


17.30K 


Broadway, Yorkton . . 
Broadway, Yorkton. . 

4th St. West, Calgary 
2nd St. Medicine Hat. 
2nd St., Medicine Hat 
4th St. West, Calgary. 

Russell St., Victoria.. . 
Russell St., Victoria.. . 


18122 


Crosssed over track when stop 

signal up, about 15 ft. in front of 

Engine 973. 
Crossed over track when stop 

signal up, just ahead of Engine 

1032. 

Ran into east gate, north side, 

breaking gate. 
Car ran into north gate, breaking 

same. 

Car ran into north gate, breaking 
same. 

Ran into south gate, breaking 
same. 

East gate run into and broken, 
also semaphores and tower 
lights put out of commission 
by Hindu driving truck head- 
ing for Esquimalt, E. & N. 
freight train having right of 
way at time. 

While nagging E. & N. freight 
train, one lantern was run over 
and broken by taxi-cab driver. 


15.25K 

14.00K 


T. 5-402 


16-142 


22.45K 


18-486 


22.45K 


19-424 


10.20K 


17-486 


18.30K 
23.10K 


B.C. 27,498 

Quarter Cab 
Taxi Co. 



14 



CANADIAN PACIFIC RAILWAY (Western Lines)— Continued 



Division 




Location 



Particulars 



Winnipeg Terminals. 



Dec. 27. 



Portage. 



Sept. 1 



Branch 



Sept. 8 



Sept. 13. 



Aug. 5. 



Regina Division. . . 



Moose Jaw Division 



Saskatoon* Division 



Sept. 7 



Sept. 9. 



Oct. 27. 



July 21 



July 3. 



Sept. 13. 



Dec. 3. 



Sutherland Avenue, 
peg, Man. 



Winni 



Mileage 14-2, Carberry Sub- 
division, Villiard Avenue 
South Carman, Man. 



Mileage 3, LaRiviere Sub- 
division, Portage Avenue 
Winnipeg, Man. 



Mileage 22, Napinka Sub- 
division. 



East Leg of Wye, Bienfait 
Sask., Estevan Subdivi 



First Public Crossing, West 
of Moosomin Station, 
Broadview Subdivision. 



McLean Yard, Indian Head 
Subdivision. 



Victoria Ave. Crossing, Re- 
gina, Tyvan Subdivision 



Highway Crossing, Mileage 
7-8, Swift Current Sub- 
division, 1st Crossing East 
of Boharm Station. 

One pole west of M. P. 76 
Hardisty Subdivision. 



19 Poles East of Mile 90, 
Wynyard Subd ivision . 



Avenue A, Saskatoon. 



Tender of engine 6303 was standing on 
North side of roadway, while yardman 
was coupling cars in track B. 15, when 
auto truck, Manitoba licence 899, driven 
by Brother Louis of Trappist Monas- 
tery, St. Norbert, struck engine broad- 
side on. Auto skidded when driver 
applied brakes, due to slippery condi- 
tion of street. No damage to engine. 
Slight damage to truck. 

Track mower operated by Casey Jones 
motor, struck auto, Manitoba licence 
No. 41-477, driven by Thomas Gra- 
ham of Carman, on crossing. Damage 
to track mower, frame bent and twist- 
ed and rear axle bent. To auto, two 
fenders, running board and rear axle 
bent. 

Auto driven by D. Anderson, licence 
Man. 23-632, was struck on crossing by 
Ex. West 1012. Driver claims did not 
see train approaching in time to stop. 
Auto badly damaged. 

Ford truck, Manitoba licence T. 10.973 
driven by Oscar LaLeer of Crystal 
City did not observe train No. 70 
approaching until quite close, when he 
turned his truck into ditch alongside 
track. Slight damage to truck. 

Western Dominion Colliers engine No. 1 
was returning from their mine to yard , 
when auto driven by Mr. Pirie, Glen 
Ewen, Sask. Sask. licence 62-069, ran 
into side of box car at crossing over 
East leg of wye, No. 18 Highway. 
Fender, one wheel, axle and lamp 
damaged on auto. 

While engine 960, Extra West, was back- 
ing into No. two track to clear No. 53, 
rear of train struck motor truck, owned 
by W. D. McNaughton Company and 
driven by V. W. Luker, Sask. licence 
T-1459. Truck badly damaged. 

Extra 903 East, Engineer Morgan, Con- 
ductor Rotters, struck Ford coupe, 
Sask. Licence 727, driven and owned by 
R. A. Arnold, 51 Black Block, Regina. 

Gas-Electric Car 49, Engineer Hutson, 
Conductor McCauley, struck Chevro- 
let truck, Sask. Licence T-853 driven 
by L. Lannona, 2239 Elphinstone St., 
Regina. 

Train No. 66 struck a Packard auto 
driven by A. R. Robinson, causing 
damage to the automobile but no per- 
sonal injury. 

When about 20 feet from crossing, Engin- 
eer, Train No. 977, observed an auto 
approaching from the north, and as 
driver apparently was not going to 
stop, engineer applied emergency brake. 
Auto struck engine and was turned 
over. 

Driver of auto failed to hear or see Train 
Extra West 1024, until engine was al- 
most upon car and then apparently 
stopped the car about a foot into clear, 
after which, through failure to properly 
control car, it moved forward and ran 
into side of engine. 

When Yard Engine 3407 was backing 
over Avenue A. Crossing, auto driver 
failed to observe signals of Crossing 
Watchman, resulting in car being 
struck. 



15 

CANADIAN PACIFIC RAILWAY (Western Uvea)— Concluded 



Division 



Date 



Location 



Particulars 



Medicine Hat 
Division. 



Lethbpidge 
Division. 



Calgary Division. . 



Edmonton Division 



Revelstoke Divi- 
sion. 



Vancouver Division 



Kootenay Division. . 



Medicine Hat Divi- 
sion. 



Vancouver Division 



July 21. 

Sept. 18. 

Oct. 19. 
Oct. 29. 

Sept. 12. 
July 27. 

Sept. 20. 

Oct. 27. 

Nov. 25. 

Dec. 14. 
Sept. 20. 

Oct. 10. 

Oct. 24. 
Dec. 17. 
Nov. 12. . 

Nov. 10. 

Sept. 18.. 
Dec. 22.. 



Mileage 23-2, Empress Sub- 
division. 



Mileage 85, Langdon Sub- 
division. 



Mileage 77-2, Langdon Sub- 
division. 



Mileage 38-6, Macleod Sub- 
division. 



Mileage -05, Macleod Sub- 
division (Calgary Termin 
al). 

Whyte Avenue, South Ed- 
monton. 



Pearce St., Wetaskiwin. 



10 poles north of Mileage 9 
Leduc Subdivision. 



Mileage 4-5, Leduc Subdivi 
sion. 



Immediately south of south 
switch, Hobbema. 

Coldstream Road, 8th 
Street, Vernon. 



Mile 36, Mountain Subdivi- 
sion. 



New Westminster — Colum- 
bia Street. 
Vancouver — Heatley Avenue 

Procter — Mile 117-5 Nelson 
Subdivision. 



Gleichen Yard, Mileage 
124-8 Brooks Subdivision. 



Vancouver — East end of 

Shed 7. 
Fraser Mills— Mile 4-92, 

Westminster Subdivision. 



Track motor car operated by Road- 
master Clarkson, with Transitman 
Hayes, was run into by Chrysler 
sedan, Sask. Licence 14-008, driven by 
Mr. J. W. Adair. 

Pontiac 1928 coach, Alta. Licence 61-959, 
driven by Bill Stogryn of Rosedale, 
struck side of train, extra south, engine 
2763 (C.N.R.). Driver did not see 
train account heavy rain falling. 

Extra 3405, during switching operations, 
struck Ford truck. Truck attempted 
to cross track ahead of cars but did 
not entirely clear crossing. 

Studebaker sedan, Alta. Licence 46-672, 
driven by C. A. Farquharson of High 
River, ran into side of engine 2544, 
train No. 542. Driver failed to observe 
approach of train. 

Train 3rd No. 92 struck Ford coupe, 
Alta. Licence 13-316, driven by Mr. R. 
Miller. Driver failed to observe ap- 
proach of train. 

Deadhead equipment of train No. 525, 
returning to South Edmonton, struck 
Studebaker sedan, Sask. licence 296, 
driven by C. A. Morton, Regina. 
Driver attempted to cross ahead of 
equipment. 

Train No. 624, backing over crossing, 
struck Ford coupe, Alta. licence 26-516, 
driven by John Ogren, Duhamel. 
Driver paid no attention to lantern 
signals. 

Extra North 898 struck Chevrolet coupe, 
Alta. licence 25-125, driven by Chas. 
Ayling of Red Deer. Driver unable 
to stop auto before reaching crossing. 

Extra North 5108 struck Buick coupe, 
Alta. licence 5-359, driven by W. R. 
Walne, Calgary. Driver approached 
at too high speed. 

No. 85 struck Ford coupe, Alta. licence 
26-305, driven by E. Welsford, Hobbe- 
ma. Driver stalled engine on crossing. 

When switch engine moving five cars 
(empty) over crossing, Ford touring 
car licence BC 53-972, owned and 
driven by J. Little, Vernon, ran into 
CP. 288753. 

Nash sedan, licence BC 30-292, owned and 
driven by John E. Syren, Golden, 
stalled on crossing, and was struck by 
train No. 2. Auto damaged. 

Auto. BC 104-964 ran into engine 466 on 
train No. 820. 

Auto, truck BC 77-280 skidded on icy 
road and struck by extra 6810 East. 

Auto truck owned and driven by E. T. 
Coleman, Procter, when crossing track 
stalled and was struck by engine 3658 
with string of cars during switching 
operations. Engine travelling at speed 
of about six miles per hour and pushed 
truck clear of track. 

Car owned by Mr. A. W. Clifford, Alta. 
licence 53-805, was struck by Train No. 
73, engine 613, while switching in yard. 
Engine of motor car stalled on crossing. 

Yard engine 6262 shoving cars, struck 
Chevrolet Sedan BC 80-312. 

Auto. BC 58-854 ran into side of train 
No. 815, engine 469. 



16 



CANADIAN PACIFIC RAILWAY (Eastern Lines) 



Date 



Time 



Crossing 



Licence No. 
of Auto 



Dangerous Practice 



New Brunswick 
District — 
Nov. 14 



Dec 
Nov. 



" 29. 
Jan. 16. 



I!). 



8.10 p.m. 

4.20 p.m. 

8.10 p.m. 
6.30 p.m. 

8.25 p.m. 

7.00 p.m. 
9.30 p.m. 

7.00 a.m. 



1.50 p.m. 

11.45 a.m. 
10.55 a.m. 

5.20 p.m. 



Douglas Ave., Saint 
John . 



« u 



Quebec Distbict— 
Nov. 10 



18. 



19. 



" 23. 



Bridge Street, Quebec 



Henderson St., Quebec 



Dorchester St., Que- 
bec. 



Bridge St., Quebec. 



NB-5024... 
NB-6325... 

NB-7290 ... 
J- 6106 

J-7482 

J-4900 

J-1931 

Que. 112405 



Que. A-365. 



Que. L-3900. 



Que. H-1644. 



Dec. 24. 



" 30. 



Jan. \). 



Gouin Blvd., Bor- 
deaux. 



Gouin Blvd., Bor- 
deaux. 



Raglan St., Renfrew. 



Que. 45545. 



Que. F-3889. 



Ont. LA-292.. 



Auto dashed under gates while 
being lowered for freight train. 

Auto dashed under gates while 
being lowered for train No. 105. 

Auto turned on crossing. 

Auto dashed under gates while 
being lowered for freight train. 

Auto dashed under gates while 
being lowered for train No. 102. 

Auto turned on crossing. 

Auto ran against gates. They 
were down for freight train. 

Auto drove under gates as they 
were being lowered, stalled 
engine and could not start car 
for some time. Bell was ring- 
ing. 

Auto passed under gates as they 
were being lowered, at an ex- 
cessive rate of speed . Bell was 
ringing. 

Auto hit rod on west gate as it 
was being lowered. 

Auto passed under gates as they 
were being lowered. Bell ring- 
ing. 

Auto truck ran under gates while 
being lowered for engine 2900. 



Driver of auto failed to heed 
gates being lowered for yard 
engine backing up and ran 
underneath north gates which 
were being lowered and stopped 
foul of crossing. Car was 
struck by engine. 

C.N.R. train No. 172 backing up 
into Palais Station struck auto 
bus coming from north, slight- 
ly damaging same. 

Gates had been lowered and 
when south gate was brought 
down, truck ran over crossing 
and broke north gate. Bell 
was ringing in tower. 

Crates were lowered for yard 
engine backing up. Engine 
moved ahead and before it 
cleared crossing north-east 
gate was lifted by someone 
resulting in main north gate 
raising. Driver of car figured 
gates were being lifted by 
gateman and came ahead 
breaking north-east gate. 

Gates were down to remove the 
lanterns for the day when auto 
ran through some breaking 
south-west gate. 

While crossing gates were down 
for through freight going west, 
truck travelling from south ran 
through two gates, breaking 
both of them. 

Auto while travelling from south 
to north, ran into west gate on 
south side of track breaking 
all woodwork in gate. Gates 
had been lowered to allow 
train to pass. 



17 

CANADIAN PACIFIC RAILWAY (Eastern Lines)— Continued 



Time 



Crossing 



Licence No. 
of Auto 



Dangerous Practice 



Quebec District — 
Concluded 



Ontario Distbict- 
Nov. 15 



St. Valier St., Quebec 



Que. T-1230. 



8.40 a.m. . . 

5.20 p.m. . . 

8.30 p.m. . . 

7.05 p.m. . . 

6.45 p.m.. . 
2.18 p.m. . . 

8.10 p.m . . . 

10.00 a.m. . . 
6.15 p.m. . . 
5.05 p.m.. . 
3.47 a.m.. . 

5.08 p.m.. . 

6.50 a.m.. . 



Richmond St., Lon 
don. 



Waterloo St., London 



Queen St., Chatham 



T-8617. 



Waterloo St., London. 

Pall Mall St., London 
Adelaide St., London. 

Queen St., Chatham. . 



1705 T. 

T 4714. 
U879.. 



Centre St., Chatham. 
Queen St., Chatham. . 
Quebec St., London. . . 
Queen St., Chatham. . 

Eramosa Rd., Guelph. 

Adelaide St., London. 

Front St., Toronto... . 



X-5390. 



T. 2402. 
48-628 C. 

JH-416.. 



U. 2179. 

K-1864. 
N-2792. 



0-31... 
B-2095. 



All gates lowered for train No. 
357 when auto taxi approaching 
crossing from east, failed to 
stop and struck south-west gate 
No. 1 breaking same. Brakes 
on car not working properly. 



Crossing bell ringing and gate 
arms being lowered, auto ran 
into and broke north-west gate 
arm off. 

Auto ran into gate arm. Cross- 
ing bell was ringing and train 
close to crossing. 

Auto ran into and broke off 
northwest crossing gate arm; 
auto did not stop. 

Auto skidded 56 feet and struck 
gate arm which was down 
breaking small piece off gate. 

Auto skidded 43 feet and ran into 
gate arm which was down. 

Auto disregarded watchman's 
stop sign and crossed tracks in 
front of moving cars. 

Auto travelling at fast rate of 
speed struck crossing gate arms 
breaking them. Gates down, 
lanterns burning and bell ring- 
ing. 

Auto skidded when applying 
brakes striking gate arms. 

Auto ran into northeast gate arm 
breaking it. Crossing bell was 
ringing and all gates down. 

Auto failed to observe watch- 
man's stop sign and crossed 
tracks in front of train. 

Auto truck ran into gate arms 
braeking same and struck side 
of engine on train No. 20 injur- 
ing driver who died later. 

Notwithstanding crossing bell 
ringing and gate arms lowered, 
auto crashed into gate arm 
breaking it. 

Auto disregarded watchman's 
stop signal and narrowly avoid- 
ed striking watchman, also 
being hit by yard engine. 

Auto ran into north half No. 6 
gate, breaking point. 

Auto travelling east struck south 
half No. 5 gate at standard, 
breaking arm off gate, and 
collided with another auto- 
mobile. 

Auto travelling east, ran into No. 

5 gate standard, breaking same 
off close to ground. 

Auto travelling west ran into No. 

6 gate, breaking point. 



18 

CANADIAN PACIFIC RAILWAY (Eastern Lines)— Concluded 



Date 



Time 



Crossing 



Licence No. 
of Auto 



Dangerous Practice 



Ontario District- 
Concluded 
Nov. 24 



5.19 p.m. 



Prince Edward St. 
near Brighton Stn. 



Algoma District— 
Nov. 13 



29. 



11.30 p.m.. 
8.30 p.m.. 



Elm Street, Sudbury 



AZ-852. 
BZ-870. 



Woman pedestrian accompanied 
by her three small children 
including baby in carriage, 
disregarded wig-wag signal, 
also engine whistle warning, 
and attempted to pass over 
crossing in front of fast passen- 
ger train. Party got excited 
when it was realized that train 
was approaching faster than 
was figured. Woman and one 
child got over crossing safely, 
another child fell on crossing 
between rails, got up and ran 
back clear of train. In some 
manner baby rolled out of 
carriage clear of track, car- 
riage being struck by train and 
demolished. 



Auto ran in and broke South-west 
gate. 

Auto ran into and broke South- 
west gate. 




Emltoap Commissioner* for Cariatia 



Judgments, Orders, Regulations, and Rulings 



Vol. XXIIX Ottawa, May 1, 1933 No. 4 



This publication is issued fortnightly, on the 1st and loth of each month. Annual subscription, $3.00; single 
numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be made to the King's Printer, 
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are mailed to other countries. Early application should be made for copies in quantities. Subscriptions 
should be sent, in every case, to the King's Printer, Ottawa 



In the matter of protection at the crossing of the Canadian National Railways 
east of Hastings station, Ontario (Bridge St.) ; mileage 43-36, Campbell- 
ford Subdivision; and 

The application of the Canadian National Railways for permission to replace 
the existing watchman at the said crossing, with a wig-wag and bell; 
asking for a grant of forty per cent (40%) of the cost of this work from 
the Railway Grade Crossing Fund; and for an apportionment of the 
remainder of the cost of such installation, and of the cost of maintenance 
and operation, on the same basis as the wages of the present watchman. 

File 9437.652. 

Heard at Toronto, January 26, 1914. 
Heard at Toronto, September 3, 1920. 
Heard at Hastings, Ont., February 22, 1933. 

JUDGMENT 

Commissioner Norris: 

An accident occurred at this crossing on November 15, 1910, and the Board's 
Inspector reported heavy traffic and badly obstructed view, recommending the 
installation of an electric bell. As the Canadian National Railways (then the 
Grand Trunk Railway) was of opinion that switching operations would inter- 
fere with the effective operation of an electric bell at this point, the offer of the 
railway company to maintain a ten-mile-an-hour slow order was accepted. 

A second accident occurred at this crossing in August, 1913, following which 
the Board's Inspector recommended gates. In October, 1913, the railway com- 
pany submitted a plan showing the sight lines and offered to install an electric 
bell; the Board's Engineers were however convinced that an electric bell would 
not be effective protection at this point and were strongly in accord with the 
Operating Department's recommendation for the installation of gates. 

19 

62614—1 



20 



The case was heard at Toronto on January 26, 1914, before the then Chief 
Commissioner, the then Assistant Chief Commissioner and Commissioner Dr. 
Mills; following this hearing, order of the Board No. 21290 issued January 29, 
1914, providing that this crossing (Bridge street, Hastings, Ont.) be protected 
by a watchman, $100 per annum to be contributed by the municipality of Hast- 
ings towards the wages of such watchman, the remainder to be paid by the 
railway company. 

Order of the Board No. 21396, of date February 24, 1914, permitted the 
railway company to change the hours of the watchman at this crossing. 

On March 3, 1920, the Grand Trunk Railway Company made application 
to the Board for a reapportionment of the cost of protection at Bridge Street 
Crossing; they submitted that the wages of the watchman had increased from 
$45 to $125 per month since the date of the Board's Order No. 21290 (January 
29, 1914), and asked that the municipality of Hastings be required to pay 25 
per cent of these wages, instead of $100 per annum. 

The municipality protested against such reapportionment and upon the 
case being heard in Toronto on September 3, 1920, order of the Board No. 30071 
issued on September 7, 1920, requiring the municipality to pay $200 per annum 
towards the wages of this watchman, instead of $100 per annum as heretofore. 

Order of the Board No. 36725, of date August 19, 1925, allowed the rail- 
way company to dispense with the services of the watchman on Sundays. 

In June, 1930, the railway company (now the Canadian National Rail- 
ways) made application to be allowed to dispense with the services of the watch- 
man at Bridge Street Crossing, Hastings, Ont., and to install a bell and wig- 
wag in lieu thereof. The company submitted that the services of the watch- 
man at this crossing now cost approximately $1,524 per annum, of which $200 
is paid by the municipality of Hastings; that the installation of bell and wig- 
wag protection would involve an initial expenditure of approximately $1,400, 
with annual maintenance charge calculated at $150, thus enabling the railway 
company to save approximately $1,100 per annum. The railway company 
made application for a grant of 40 per cent from the Railway Grade Crossing 
Fund towards the cost of the proposed bell and wig-wag, and that the balance 
be apportioned between the municipality and the railway company in the same 
proportion as was arranged in the case of the wages of the watchman. 

The question of the desirability of installing a bell and wig-wag at this 
crossing, having in view, 

(a) the situation of the crossing itself and the roads approaching it ; 

(b) the situation which might be created by the continuous ringing of the 
bell when trains were standing at the station or otherwise within the 
bonded circuit; 

(c) the hardship inflicted by the dismissal of the present watchman, in 
view of the present unemployment situation; 

(d) the wide diversity of opinion between the Railway and the Munici- 
pality in regard to the apportionment of costs of installation and main- 
tenance; 

was developed with the interested parties during the summer of 1930, without 
a decision being reached. 

In September, 1930, the railway company submitted that the united counties 
of Northumberland and Durham and the county of Peterborough, being to 
some extent responsible for the county highway which crosses the railway at 
this point, and consequently for the increase in traffic over the crossing, should 



21 



share in the cost of the protection thereat; and submitted further that after 
40 per cent of the cost of the proposed bell and wig-wag was paid from the 
Railway Grade Crossing Fund, the balance should be apportioned equally 
between the railway company and the village of Hastings, " or the municipal- 
ities concerned." 

The village of Hastings protested vigorously against any such apportion- 
ment of cost as that suggested by the railway; the municipal authorities sub- 
mitted that the bell and wig-wag would be an undesirable form of protection 
at this crossing in any event; they asked to have the watchman retained and 
suggested the installation of two red stop signs, one on each side of the railway. 

The united counties of Northumberland and Durham were strongly in 
accord with the village of Hastings that the watchman should be retained, 
especially in view of the conditions as regards unemployment; they made ten- 
tative suggestion that they might favourably consider a contribution towards 
the cost of the watchman protection. The county of Peterborough declined to 
assume any part of the cost of protection of any kind at this crossing. 

Owing to the widely differing views of the parties, and the fact that the 
railway company had failed to reassure the Board in the matter of the dismissal 
of the watchman at Bridge street, the application of the company to be allowed 
to install a bell and wig-wag was refused on December 12, 1930, on the under- 
standing that the company would be free to bring the matter before the Board 
again at the end of six months from that date. 

In June, 1931, the railway company reopened the matter, made application 
for permission to install a bell-and-wig-wag at the same time submitting a 
revised estimate of cost of installation of $1,900, the increase being due to the 
fact that they must now install a double bell and wig-wag on account of the 
right angled street. The Board after carefully considering the matter ruled 
on July 21, 1931, that the existing watchman protection should be continued 
for a further six months. 

On the application of the railway company, order of the Board No. 47313 
issued on September 1, 1931, again changing the hours of the watchman at 
Bridge Street Crossing. 

On February 5, 1932, the railway company renewed its application for the 
replacement of the watchman at this crossing by a bell and wig-wag, and upon 
the Board advising that such replacement would be allowed if the railway 
company bore the entire cost of installation and maintenance of such new 
protection the application for change in the form of protection was withdrawn 
on March 21, 1932. 

In August, 1932, a further renewal of the application was filed by the rail- 
way company and refused by the Board. 

On February 22, 1933, at the request of the railway company, the matter 
was heard at Hastings, Ont., before Commissioners Norris, Stoneman and Stone. 
Considerable evidence was submitted by residents of the district as to the 
peculiar and admittedly dangerous conditions obtaining at this crossing, on both 
the east and west approaches. 

The railway company submitted a statement of traffic over the crossing, 
from February 1 to 15 inclusive. This statement showed that on February 7 
and 8 four (4) trains passed over the crossing in each twenty-four hours; on 
February 5 and 11 only two (2) trains passed over the crossing in each of the 
twenty-four hours; while on the remaining eleven (11) days of the period 
covered, three trains (3) passed over the crossing in each twenty-four hours. 

62614-1* 



22 



The railway company also submitted a plan showing the proposed double 
" three position " wig-wag with bell, which it is suggested be installed in the 
centre of the roadway to the west of the tracks ; the two wig-wags to be attached 
to the same standard, one facing Bridge street and the other facing Water street. 
The cost of installation of this device is now estimated by the railway company 
and the Board's Engineers at $1,960, and the maintenance of same is calculated 
by the railway company to be approximately $220 per year. 

It developed at the hearing that the united counties of Northumberland 
and Durham had built the cement road through the municipality of Hastings, 
of which Bridge street and the crossing of the Canadian National Railways 
forms a part, and that the United Counties Road Department contributes 
towards the maintenance of this county road. It would appear, therefore, that 
they automatically share, with the county of Hastings, in responsibility for 
the increase in traffic over the crossing, and the consequent need for adequate 
protection thereat. 

The railway company submitted that the wages of the watchman at Bridge 
Street Crossing, 12 hours daily, except Sunday, amounted to $1,524 per annum, 
of which the village of Hastings pays $200 per annum; that the proposed bell 
and wig-wag, which will provide daily twenty-four hour protection, will involve 
an initial capital expenditure of $1,960, with a maintenance charge estimated 
at approximately $220 per annum; that this change will mean a saving to the 
railway company of over $1,100 per annum, and providing that the maintenance 
charges are divided in the same proportion with the municipality as in the case 
of the watchman's wages, the saving to the municipality will be about $170 
per annum. 

The municipality did not offer any serious objection to such an apportion- 
ment, and were apparently satisfied as to the adequacy of the proposed bell 
and wig-wag protection. 

I am accordingly of opinion that order should issue granting the applica- 
tion of the railway company to be allowed to replace the present watchman at 
Bridge Street Crossing, Hastings, with a double " three position " wig-wag 
with bell; this to be installed in the centre of the roadway to the west of the 
tracks; two wig-wags to be attached to the same standard, one facing Bridge 
street and the other facing Water street, in accordance with the plan submitted 
by the Canadian National Railways at the hearing at Hastings on February 
22, 1933 (Exhibit No. 2). 

I am further of opinion that the cost of installation (estimated at not more 
than $1,960), and the cost of annual maintenance (estimated at not more than 
$220), should be apportioned as follows: — 

The cost of such installation and maintenance to be divided between the 
municipalities concerned (the village of Hastings and the united counties of 
Northumberland and Durham), and the Canadian National Railways, on the 
same basis as was arranged in the case of the wages of the watchman, namely 
as $200 is to $1,524; for purposes of calculation, one-seventh of the cost of 
installation and maintenance to be paid in equal portions by the two municipal- 
ities named, and six-sevenths to be paid by the Canadian National Railways. 

Ottawa, March 31, 1933. 

Commissioners Stoneman and Stone concurred. 



23 



ORDER No. 49759 

In the matter of the Order of the Board No. 21290, dated January 29, 1914, as 
amended by Orders numbered 21396, 30071, 36725, and 47313, dated 
respectively February 24, 1914; September 7, 1920; August 19, 1925; and 
September 1, 1931, requiring that the crossing of Bridge Street by the 
Canadian National Railways at Hastings, Ontario, be protected by a 
watchman between the hours of 7 a.m. and 7 p.m. daily, except Sundays; 

And in the matter of the application of the Canadian National Railways, here- 
inafter called the " Applicants," for permission to replace the said watch- 
man with wigwags and bells. File No. 9437.652 

Thursday, the 13th day of April, A.D. 1933. 
Hon. C. P. Fullerton, K.C., Chief Commissioner. 
Hon. T. C. Norris, Commissioner. 
J. A. Stoneman, Commissioner. 
G. A. Stone, Commissioner. 

Upon hearing the application at the sittings of the Board held at Hastings, 
February 22, 1933, in the presence of counsel for and representatives of the 
applicants and the village of Hastings, and what was alleged; and upon reading 
the written submissions filed, — 
It is ordered: 

1. That leave be, and it is hereby, granted the applicants to install, in lieu 
of the watchman required to be maintained by the said Order No. 21290, dated 
January 29, 1914, as amended, two three-position wigwags with one bell in 
the centre of the roadway at the crossing of bridge street, in the village of Hast- 
ings and province of Ontario, one facing Bridge street and the other facing 
Water street, as shown on plan No. SD-3275, dated August 29, 1932, on file 
with the Board under file No. 9437.652, and in accordance with the " Standard 
Specifications for Highway Crossing Signals, " approved under General Order 
No. 468. 

2. That detail plans showing the form of base to be used in the installation 
of the wigwags be submitted for the approval of an engineer of the Board. 

3. That all switching movements be flagged over the said crossing by the 
trainmen of the applicants. 

4. That the cost of installing and maintaining the said wigwags and bell 
be borne and paid as follows: one-seventh, in equal portions, by the village 
of Hastings and the united counties of Northumberland and Durham and six- 
sevenths by the applicants. 

C. P. FULLERTON, 

Chief Commissioner. 

Application of Mrs. Elizabeth Berg and Penn Coals, Limited, for an order of the 
Board fixing compensation payable to them for and in respect, of coal 
mines and minerals in and under that portion of the Northeast Quarter of 
Section 8, Township 55, Range 24, West 4th Meridian, in the Province 
of Alberta, that is comprised within the right of way of the Northern 
Alberta Railway Company, from which the applicants are prevented from 
taking coal and working, and for incidental damage. 

File No. 38556 

JUDGMENT 
Fullerton, Chief Commissioner: 

This is an application under section 197 of the Railway Act to fix the 
amount of compensation payable to the applicants in respect of coal lying under 
the right of way of the Northern Alberta Railways Company on the northeast 
quarter of section 8, township 55, range 24, west 4th meridian, in the province 
of Alberta. 



24 



The applicant, Elizabeth Berg, claims as owner and Penn Coals, Limited, 
as lessee from her of the said coal. 

The answer of the railway company is two-fold. In the first place, they 
say that the applicants have no title to the coal in question, and in the second 
place, they say that in 1914 they purchased the right of way from the then 
owner, Robert Kelly, paid him in full for all the coal required to be left for the 
support of the right of way, and that by virtue of the transfer itself they are 
entitled to such support. 

It is admitted that in 1914 Robert Kelly was the owner in fee simple of the 
said quarter section and the mines and minerals lying thereunder. 

On September 28, 1914, Kelly transferred to the railway company the right 
of way through the said quarter section by a transfer which reserved all mines 
and minerals. 

The title of the applicant, Elizabeth Berg, to the mines and minerals under- 
lying the right of way is based on a transfer by Robert Kelly of the said quarter- 
section, excepting certain described portions, to the Cambrian Collieries Limited, 
a mortgage back to Robert Kelly, and an assignment of said mortgage to the 
applicant, Mrs. Berg, all made on April 29, 1918. 

The mortgage was foreclosed and the title of the mortgagors vested in the 
applicant, Mrs. Berg, bv an order of the Supreme Court of Alberta dated 
September 28, 1921. 

Whether or not the applicant, Mrs. Berg, obtained title to the mines and 
minerals under the above order depends on whether they were transferred to the 
Cambrian Collieries Limited by the transfer of April 29, 1918. The said transfer 
is of " all my estate and interest in the said piece of land." 

The said piece of land is the quarter-section excepting thereout certain 
described portions, including 8 6 % 00 acres for railway right of way " as in 
Certificate of Title 205-D-33." 

In Certificate of Title referred to the right of way is described as — 

" all that part of the northeast quarter of section eight (8) , township 
fifty-five (55), range twenty-four (24), west of 4th meridian, in the 
province of Alberta, Dominion of Canada, lying between two lines parallel 
to and perpendicularly distant forty-nine and one-half (49i) feet, on 
either side of the centre line of the Edmonton, Dunvegan and British 
Columbia Railway, as shown upon a map or plan of record in the Land 
Titles office . . . containing eight and sixty-four hundredths 
(8 6 %oo) acres more or less, excepting thereout all mines and min- 
erals ..." 

Mr. Woods, who appeared for the applicants, also relies on a certain sepa- 
ration agreement made between Robert Kelly and his wife, now Mrs. Berg, 
bearing date July 29, 1922. This agreement recites that the said Elizabeth 
Kelly is the owner of certain lands, including part of the northeast quarter of 
the said section 8, as described in Certificate of Title 104-53, and it further 
recites that Elizabeth Kelly has agreed to pay the sum of $10,000 in full satis- 
faction of any interest which the said Robert Kelly may have in the aforesaid 
properties including all mines and minerals. 

The operative part of the agreement contains the covenants usually found 
in a separation agreement and then proceeds: — 

" And in further consideration of the premises the said Robert Kelly 
doth hereby and by these presents demise, release and forever discharge 
the said Elizabeth Kelly, her heirs, executors, administrators or assigns, of 
and from all manner of trusts, actions, causes of action, debts, accounts, 
covenants, contracts, claims and demands whatsoever, whether at law or 
in equity, which the said Robert Kelly may have against the said Eliza- 



25 



beth Kelly or in the said lands, or can or may or could or might here- 
after have or claim in any wise howsoever in, to or out of the said lands, 
or otherwise howsoever, or for or by reason of or in respect of any act, 
matter, cause or thing whatsoever." 

The Certificate of Title 104/G-53 referred to in the recital describes certain 
land excepted from the quarter-section, and among others excepted are 8 6 % o 
acres more or less for the Edmonton, Dunvegan and British Columbia Railway 
right of way of record in the Land Titles office as railway plan 5773 A.Y. 

Mr. Woods strongly urged that the effect of the transfer to the Cambrian 
Collieries Limited and of the agreement last referred to was to transfer to the 
applicant, Mrs. Berg, the coal under the right of way. 

Mr. Walker on behalf of the railway company equally strenuously con- 
tended that these conveyances had no such effect. 

To decide this question would be to decide a question of title which under 
the authorities is not a matter for the Board, but one that should be left to the 
regular courts. 

For the purpose of this judgment, however, I will assume that the applicant, 
Mrs. Berg, took under the conveyances above referred to all the rights which 
Robert Kelly himself had in the coal lying under the right of way after he had 
executed the transfer to the railway company. It requires no authority for the 
position that she could take no greater rights and I will, therefore, proceed to 
consider what those rights were. 

Before the right of way was transferred by Kelly to the railway company 
in 1914, the latter had taken all the proceedings required by the Railway Act 
for its expropriation. The plan, profile and book of reference were deposited in 
the Land Titles office on the 19th day of July, 1912, and notice of filing duly 
published. Notice of expropriation was served on Robert Kelly, and on the 
6th day of September, 1912, an order for possession obtained. This order pro- 
vided that the railway company " shall continue in possession of the said land 
for the purpose of their grading operations only, and that before proceeding 
with the laying of steel, application be made upon four days' clear notice to 
determine what (if any) amount shall be paid into court as security for the 
payment of any compensation to which the parties entitled to the mineral rights 
may be found entitled." 

On December 3, 1912, an order was made by the Hon. Mr. Justice Scott in 
Chambers, which reads as follows: — 

" Upon the application of the Edmonton, Dunvegan and British 
Columbia Railway Company for an order putting them in possession of 
the land in question herein and to determine the amount payable into 
court as security for the payment of any compe?isation to which the parties 
entitled to mineral rights in the said lands may be found entitled, pursuant 
to the order of the Honourable Mr. Justice Beck, made in this matter on 
the 6th day of September, 1912, upon hearing what was alleged by counsel 
for the railway company and for the parties entitled to the said mineral 
rights, and it appearing that application has been made to the Board of 
Railway Commissioners for Canada for an order permitting the said 
persons to work any mines and minerals in and under and adjoining the 
said right of way of the said railway and that the said Board of Rail- 
way Commissioners have not yet delivered judgment on the said applica- 
tion and the solicitors for the said railway company undertaking to pay 
the court within five days after same should be determined, such amount 
as the judge of this honourable court in chambers should consider suffi- 
cient as security for the payment by the said railway company of the 
compensation, if any, payable to the parties entitled to such mineral 
rights." 



26 



The order then directs the sheriff to put the railway company in possession of 

the right of way and concludes as follows: — 

" It is further ordered that any party interested may apply on two 
days' clear notice at any time after the award of the Board of Railway 
Commissioners for Canada has been made on the application aforesaid, 
to fix the amount payable to court as aforesaid." 

On the 20th March, 1913, upon the application of Robert Kelly and others, 
the Board of Railway Commissioners made the following order: — 

"It is ordered as follows: 

11 That the applicants be, and they are hereby, granted leave to work 
and excavate the coal lying under the right of way of the railway com- 
pany on section 8, township 55, range 24, west of the 4th meridian, in 
the province of Alberta, as shown on the plan on file with the Board under 
file Nos. 20827 and 20827.1, subject to and upon the following conditions, 
namely: — 

" 1. The coal not already mined under the right of way of the rail- 
way company to be left in place; and in the Kelly mine the coal to be 
left in place under the right of way and under additional strips fifteen 
and twenty-five feet in width outside the right of way on the northwest 
and southeast sides respectively. 

" 2. Two levels, eight feet wide and seven feet high, to be constructed 
to each mine — the levels to be seventy feet apart and the timbers to be 
placed inside this measurement. 

" 3. The posts and timbers under the right of way to be of tamarack 
— posts to be seven inches in diameter and the roof timbers eight inches 
by five inches, and placed on edge. 

" 4. All work within the limits set forth in paragraph 1 to be done 
under the supervision of an engineer of the railway company, who shall 
have right of access to the mine at any time, in order to examine timbers 
in the levels under the right of way. 

" 5. Where the coal has already been taken out under the right of 
way, the applicants shall notify the railway company of the true position 
of the levels abandoned." 

By order dated May 15, 1913, Harvey, J., fixed the amount payable into 
court by the railway company at $4,000. 

By order dated May 23, 1913, Beck, J., appointed R. G. Drinnan, Harold 
H. Parlee and Frank Ford arbitrators to fix the compensation payable by the 
railway company to the parties interested. 

On March 5, 1914, Robert Kelly and the railway company entered into 
an agreement w T hich reads in part as follows: — 

" That the proceedings taken by the railway company for the expro- 
priation of its right of way over the land above set out and as described 
in the notice to treat served in respect thereof are settled by the railway 
company agreeing to pay, and it hereby agrees to pay to Robert Kelly 
the sum of two thousand nine hundred and twenty -two dollars and sixteen 
cents ($2,922.16) and by Robert Kelly transferring the land in question 
to the railway company reserving the mines and minerals." 

The agreement was implemented bv the transfer to the railway company dated 
September 28, 1914. 

As the Railway Act then stood the rights and obligations of the parties in 
respect of the right of way and the mines and minerals thereunder, were fixed 
and settled by the transfer. The railway company got title to the land and 



27 



the right to have vertical and lateral support for their railway. Robert Kelly 
was paid for his land and for all damages suffered by reason of being prevented 
from removing the coal required to support the railway. 

The Judicial Committee of the Privy Council had occasion to consider the 
sections of the Act dealing with mines and minerals as they stood in 1914, in 
the case of Davies v. James Bay Railway Company, 19 C.R.C. 86. 

In that case the railway company had served on Davies, the appellant, a 
notice of expropriation under the Railway Act. The arbitrators appointed under 
the Act made an award of $238,583 in appellant's favour. A substantial portion 
of the said award covered the value of shale lying under and adjacent to the 
right of way. The question was as to appellant's right to recover compensation 
in the arbitration in respect of shale, and this question depended upon the con- 
struction of the provisions of the Railway Act, more particularly upon sections 
155, 170 and 171 (1). 

Upon appeal from the award of the arbitrators to the Court of Appeal for 
Ontario the appellant's claim in respect of shale was disallowed. Hodgins, J., 
who delivered the judgment of the Court of Appeal, held that "as the respondents 
had not bought the minerals their value could not be taken into account in the 
present proceedings, but ought to be taken into account if the appellant applied 
hereafter to the Board of Railway Commissioners for permission to work the 
shale." 

In delivering the judgment of their Lordships, Viscount Haldane, L.C., 
pointed out that in England, apart from the English Railways Clauses Con- 
solidation Act, when land is sold with a reservation of the minerals to the vendor 
he cannot in the absence of special bargain, work them so as to let down the 
surface which he has sold, and that although the vendor retains the minerals and 
the right to work them, he can exercise this right only at his own risk. He then 
went on to explain that the common law in England had been completely altered 
by sections 77 to 85 of that Act, that under these sections, so far as concerns 
mines and minerals under the railway or within the prescribed distance, the 
company is deprived of the natural right to support which it would have under 
an ordinary conveyance, that unless it has expressly purchased the minerals 
the owner may work them, but before doing so he must give the company thirty 
days' notice of his intention and the company may then, if it is willing to pay 
compensation, give him a counter notice and so, on paying compensation stop 
the working. 

He continued at p. 94: — 

"In the Dominion of Canada the law has been differently moulded 
Their Lordships have given much consideration to the group of clauses 
in the Railway Act which deal with the policy adopted, and they think 
that their effect is as follows: The company which acquired the surface 
was not, as by the English Act, deprived of the natural right to support 
from subjacent and adjacent minerals. It was, on the other hand, put on 
terms to compensate the mineral owner at once for loss of value arising 
from the liability to support which rested on him after severance of the 
titles to the minerals and to the surface. This compensation having been 
paid, the mineral owner was, by sections which have a separate and dis- 
tinct purpose, restrained from working his minerals excepting under such 
conditions as might be imposed by the Railway Board in the interest 
of the safety of the public." 

Again at p. 96 after a reference to the relevant sections of the Railway Act, 
Viscount Haldane said: — 

" The sections referred to are those which appear to be most important 
for the purposes of the present question. Their Lordships interpret them 
as meaning that there is to be an immediate claim for compensation for 



28 



the value of the lands taken and for injurious affection of any other 
hereditaments the title to which is affected, such as subjacent or adjacent 
mines and minerals. In default of agreement they think that the entire 
amount of compensation is to be ascertained by the arbitrators as at 
the date of the deposit of the plans and once for all. For the rest the 
mine owner remains entitled to his minerals but subject to any obligation 
of natural support which attaches on severance. The Board is to regulate 
the exercise by him of his remaining rights in the future, and the primary 
purpose of the intervention of the Board is to be the protection, not of 
the mineral owner or of the railway, but of the public. If the Board 
refuses him leave to work, his grievance is against the Board, to whom, 
and not to the railway company, his application is to be made. The prin- 
ciple on which the Legislature has proceeded is apparently to dispose of 
the claim against the company once for all on the occasion of taking the 
land." 

It has not and could not successfully be contended that the agreement and 
transfer in the present case had not in law the same effect as an award. The 
consideration paid by the railway company clearly covered all damages for 
being deprived of the coal directed by the order of the Railway Board to be left 
for the support of the right of way. This is demonstrated very clearly by the 
copies of the proceedings filed. 

The order of Mr. Justice Scott, above referred to, shows that the applica- 
tion of the railway company was among other things to determine the amount 
payable into court as security for the payment of any compensation to which the 
parties entitled to mineral right in said lands may be found entitled. The deter- 
mination of this amount was postponed until the Board of Railway Commis- 
sioners had delivered judgment on the application of Kelly and others to work 
the mines under the right of way. Judgment in this application was delivered 
on March 20, 1913, and on May 15, 1913, Harvey, J., fixed the amount of com- 
pensation at $4,000, which was paid into court. 

On March 8, 1914, the agreement for sale by Kelly to the railway company 
was executed, and on March 18, 1914, the $4,000 paid into court " as security 
for the payment of any compensation to which parties entitled to mineral rights 
in said lands may be found entitled " was paid out to the railway company 
under an order of Stuart, J., " upon the solicitors for the owner of the above- 
mentioned quarter section consenting thereto." 

Before leaving this point I must refer to an argument made by Mr. Woods 
in reference to certain implications which he claimed should be drawn from the 
agreement between the railway company and Robert Kelly and the latter's 
subsequent transfer to the company. Mr. Woods called attention to the fact 
that in the notice to treat the railway company offered Kelly $3,769.50, while 
the consideration mentioned in the transfer is only $2,922.16. 

Mr. Woods contends that the proper inference to be drawn from these facts 
is that Robert Kelly did not intend and did not agree by anything that he did 
in 1914 that he would not apply to the Board for leave to remove the coal, and 
in any event that he would not ask for compensation. 

The affidavits of value attached to the notice to treat show the value of 
the land and minerals as follows: — 

Land $ 877 00 

Damiages to land exclusive of coal rights 1,500 00 

Coal rights 27-85 acres ,at $50 per acre 1,392 50 

$3,769 50 

Before the agreement was arrived at application had been made for leave to 
work the coal under the railway, and under the order of the Board the area of 
coal rights which the applicants were not permitted to work was reduced to 



29 



ll%oo acres. This may explain why the consideration was reduced, but what- 
ever the reason may be, no inference can be drawn from the circumstance which 
does away with the effect of the transfer. 

Again, the matter may be looked at from another angle. Suppose the rail- 
way company had never started expropriation proceedings ibut had agreed on a 
price to be paid Robert Kelly, who had then executed the transfer, what would 
have been its effect in so far as the question of support is concerned? Under 
the authority of the Davies Case, as well as numerous other cases, the effect of 
the transfer would have been to convey not only the right of way, but also, by 
implication, all reasonable subjacent and adjacent support. 

In London and North Western Railway Company v. Evans, 1893, 1 Ch. 16, 
Bowen, L.J., at p. 27 laid down the law as follows: — 

" In dealing with an ordinary grant of lands it is undoubted law 
that, where such a grant is made for a specific purpose, such as the con- 
struction on the lands of a house, canal, railway, or other permanent 
work, the grant, in the absence of a contrary intention appearing on its 
face, carries with it by implication the right of reasonable and necessary 
support for the works so to be erected from the subjacent or adjacent 
lands of the grantor. This maxim of law and of good sense applies 
whether the grant is voluntary or under the compulsory powers of a 
statute. " 

The position then is that although Robert Kelly has been paid for injurious 
affection to adjacent minerals, his successors in title now ask the railway com- 
pany to pay over again. To support such a claim the applicants invoke section 
198 of the present Railway Act which was first passed in 1919. This section, 
in my opinion, has no bearing on the present application. It was clearly not 
intended to give an owner of minerals, who had been fully compensated in 
damages, a new substantive right to recover further damages, nor was it 
intended to take away from a railway company rights which it had acquired 
prior to the passing of the section. If authority is required for this position, it 
will be found in the case of The Caledonian Railway Company v. Sprot, 
2 McQueen 449. 

Sprot in 1834 sold to the railway company land for its right of way 
and in the deed of conveyance reserved u always to me and my heirs and 
successors the whole mines and minerals of whatever description with 
full power to search for, work, mine, etc." 

Sprot continued to work his minerals until 1848, when he received 
notice from the company that his works were endangering the line. 

The House of Lords held that independently of any parliamentary 
enactment, the effect of that conveyance was to convey the land to the 
company together with a right to all reasonable subjacent and adjacent 
support. 

Sprot relied on the provisions of the Railways Clauses Consolidation 
Act, 1845, which completely altered the law in England. Under sections 
77 to 85 of this Act, so far as concerns mines and minerals under the rail- 
way, the company is deprived of the natural right to support and the 
owner may work the minerals in such a way as to let down the surface, 
but he must first give the company thirty days' notice of his intention, 
and the company may then, if it is willing to pay compensation, give 
him a counter notice, and so, on paying compensation, stop the working. 

The Lord Chancellor said at p. 458: — 

• • This clause cannot interfere with the pre-existing rights of the 
company which they acquired ten years before this last Act became 
law. The legislation certainly did not intend to give to the mine- 
owner as against the company rights which he had previously sold 



30 



to them; and when the Act of 1844 passed, Mr. Sprot had no right 
to work his mines in any way which would interfere with the 

security of the railway." 

See also North Eastern Railway Company v. Crossland, 32 L.J. 
Ch. 353. 

Elliott v. North Eastern Railway Company, 10 H.L. c. 333. 
Great Western Railway Company v. Cefn Brick Company, 1894, 
2 Ch. 157. 

For the reasons which I have given I would dismiss the application. 
April 18, 1933. 

Commissioner Stone concurred. 



ORDER No. 49760 

In the matter of the application of Mrs. Elizabeth Berg and Penn Coals, 
Limited, hereinafter called the "Applicants," under Section 197 of the 
Railway Act, for an Order fixing compensation payable to them for and 
in respect of coal mines and minerals in and under that portion of the 
Northeast Quarter of Section 8, Township 55, Range 21+, West 1+th Meri- 
dian, in the Province of Alberta, that is comprised within the right of way 
of the Northern Alberta Railways Company, from which the Applicants 
are prevented from taking coal and working, and for incidental damage. 

File No. 38556 

Thursday, the 20th day of April, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
G. A. Stone, Commissioner. 

Upon hearing the application at the sittings of the Board held in Edmonton, 
March 29, 1933, in the presence of counsel for the applicants, the Northern 
Alberta Railways Company, and the province of Alberta, and what was alleged, — 

It is ordered: That the application be, and it is hereby, dismissed. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 49762 

In the matter of the application of the Canadian National Railways, hereinafter 
called the " Applicants " for permission to issue and file, on less than 
statutory notice, a supplement to tariff C.R.C. No. E-1504, for the pur- 
pose of correcting a clerical error in Supplement No. 19 to the said tariff. 

File No. 27612.73. 

Thursday, the 20th day of April, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

Upon its appearing that, through clerical error, a rate of 6 cents per 100 
pounds, published in Supplement No. 19 to Tariff C.R.C. No. E-1504 on news- 
print paper from Dalhousie, New Brunswick, to Kingsey, Quebec, was not 
indicated as being applicable on shipments destined to points in the United 
States only, — 

It is ordered: That the applicants be, and they are hereby, permitted to 
issue and file, upon three days' notice, a supplement to the said Tariff C.R.C. 



31 



No. E-1504 providing for the following note in connection with the rate of 6 
cents per 100 pounds on newsprint paper from Dalhousie, New Brunswick, 
to Kingsey, Quebec, namely: — 

"Proportional rate: applicable only on shipments destined to the 

United States routing via Detroit or Port Huron, Michigan, to which 

no through rates are in effect." 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 49764 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.8 

Friday, the 21st day of April, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published in Tariff C.R.C. No. 46, filed by the Sydney and 
Louisburg Railway Company under section 9 of the Maritime Freight Rates 
Act, be, and it is hereby, approved, subject to the provisions of subsection 3 of 
section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll which but for the 
said Act would have been effective in lieu of that published in the said Tariff 
C.R.C. No. 46, approved herein, is 24 cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 49770 

In the matter of the application of the Niagara Lower Arch Bridge Company, 
Limited, hereinafter called the "Applicant Company," for approval of 
Supplement No. 3 to Tariff C.R.C. No. 1, covering tolls to be charged for 
the use of the Lower Arch Bridge at Niagara Falls, on file with the Board 
under file No. 36795.8. 

Saturday, the 22nd day of April, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

Upon the report and recommendation of the Assistant Chief Traffic Officer 
of the Board, — 

It is ordered: That the applicant company's said Supplement No. 3 to 
Tariff C.R.C. No. 1, covering tolls to be charged for the use of the Lower Arch 
bridge at Niagara Falls, on file with the Board under file No. 36795.8, be, and 
it is hereby, approved. 

C. P. FULLERTON, 

Chief Commissioner. 



Si 



33 

SLfje IBoarb of 

Eatitoap Commissioners 




Judgments, Orders, Regulations, and Rulings 

Vol. XXIII Ottawa, May 15, 1933 No. 5 

This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscription, $3.00; singla 
numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be made to the King's Printer, 
Ottawa, by postal money order, express order or accepted cheque. The use of currency for this purpose is 
contrary to the advice of the postal authorities ond entails a measure of risk. Postage stamps, foreign money 
or uncertified cheques will not be accepted. No extra charge is made for postage on documents forwarded to 
points in Canada and in the United States, but cost of postage is added to the selling price when documents 
are mailed to other countries. Early application should be made for copies in quantities. Subscriptions 
should be sent, in every case, to the King's Printer, Ottawa, 

Application of the Dominion Biscuit Company, Vancouver, B.C.; Famous Foods, 
Limited, Vancouver, B.C.; et al, for an order directing the railway com- 
panies to apply the export freight rates on wheat and flour when processed 
and manufactured into macaroni, vermicelli, spaghetti, noodles, biscuits, 
etc., for export. 

File No. 30686.15 

JUDGMENT 

By the Board: 

Rates on wheat and flour from prairie points to Vancouver for export are 
considerably lower than the rates applying on the same commodities when for 
domestic consumption. The low export rates have as a background, the estab- 
lishment of rates on a substantial parity with statutory rates fixed from the 
same points of origin to the Canadian head of the lakes. Flour purchased by 
the applicants and used in Vancouver in the manufacture of biscuits, macaroni, 
etc., hereinafter referred to as macaroni products, pays the domestic rate and 
these manufactured products are sold within Canada as well as exported. The 
applicants do not buy wheat and they do not make the flour which is used in 
the manufacture of macaroni products. They purchase the flour from millers 
at Vancouver or elsewhere. 

Their application is that, upon proof of exportation of a given weight of 
these products, the rate on a similar weight of flour shipped into Vancouver, or 
on wheat into Vancouver and there milled into flour, should be reduced by refund 
from the domestic to the export rate. If the flour is purchased from a miller at 
Vancouver, it would seem to require some arrangement with said miller whereby 
the refund should be paid to the macaroni products manufacturer instead of to 
the actual consignee to whom the wheat or flour was shipped. 

Applicants state extensive markets are available to British Columbia manu- 
facturers in the Orient, New Zealand, and United Kingdom, but they are con- 
siderably hampered in their efforts to compete in these markets under present 
rates as against competitors in the United States, Australia, Italy, France, Ger- 
many, etc. It is shown that the Orient, New Zealand, and United Kingdom are 
large consuming markets, supplied largely by the United States, Australia, Italy, 

33 



34 



and France. Figures were given showing that Canada imports macaroni from 
other countries, although the amount is decreasing; that the volume of macaroni 
products exported from Canada has increased materially during the past three 
years. The rail rate on flour used in the manufacture of macaroni products is 
only one factor of the transportation charge, as there is also involved a long 
water haul by carriers whose rates are not subject to regulation. It is apparent 
that many features influence the marketing of macaroni products and the evid- 
ence given was not at all conclusive that the exportations from these foreign 
countries would be displaced by the Canadian product as a result of the change 
in freight rates applied for. 

In written submissions it was urged that " in the interests of greater export 
trade in the commodities mentioned, the railways should be requested to extend 
the principle of applying low export rates on wheat and flour to the products 
made therefrom in order that goods, which can be produced in excess of the 
domestic requirements, may be taken to foreign markets and there disposed." 
Counsel for applicants apparently recognized that the power of the Board does 
not extend beyond dealing with the reasonableness of rates, or unjust discrimina- 
tion, and that, as stated by the Board on so many occasions, it is not its func- 
tion, nor has it the power, to direct reductions in rates for the sole purpose of 
assisting in building up export trade, or for the purpose of equalizing costs of 
production, or geographical, climatic or economic conditions. In argument at 
the hearing, counsel for applicants stated (p. 558) : — 

" To suggest that the application itself is founded on a request for 
assistance to meet a trade condition prevailing in any country is not the 
case. We are asking for the removal of a discriminatory rate." 

The grounds, upon which it is alleged unjust discrimination exists, were 
defined by counsel for applicants as follows: — 

" The question is why, if we are going to give an export rate on 
wheat in one form, we should not give the same export rate to wheat in 
another form." (P. 558.) 

" We do, however, complain that the rate is unjustly discriminatory 
and unjustly preferential, in that it permits one consignee in Vancouver 
of a wheat product to get one rate and another consignee of a wheat 
product in Vancouver to get a totally different and much higher rate." 
(P. 561.) 

Flour and macaroni products are here referred to as wheat products. As a 
matter of fact, macaroni products are not products of grain, but products of a 
grain product, and in the same category as biscuits, bread, crackers, matzos, 
pretzels, etc. Flour is the raw material used in the manufacture of the various 
commodities named. The commodities in question are entirely dissimilar from 
a transportation standpoint with respect to weight, bulk, volume, value, risk, 
uses, etc. They are not sold in competition with each other. Under the pro- 
visions of the Canadian Freight Classification, biscuits, cakes, crackers, matzos, 
pretzels, and bread take 4th class carload rating. Macaroni, noodles, spaghetti, 
and vermicelli are rated 5th class in carloads. Flour (grain) is rated 8th class 
carload. These differences in ratings recognize the differences in transportation 
characteristics based on which classification ratings are established. In addi- 
tion, there may be lower commodity rates varying in different parts of the 
country, established to meet particular conditions, and flour usually moves under 
commodity rates. 

The railway companies stated that this application, in substance, asks the 
Board to direct them to publish: (a) a stop-off arrangement for milling of wheat 
originating at prairie points, milled into flour at Vancouver, and then converted 
into macaroni products; (b) that the same arrangement apply on flour brought 

63282 



35 



into Vancouver for the same purpose; (c) that the export rates be applied on 
such wheat or flour. The carriers pointed out that the application involves what 
is really a double transit privilege, i.e. first, the manufacture of wheat into 
flour and, second, the manufacture of flour into another product; that to prove 
discrimination it would be necessary for applicants to submit proof of similar 
arrangements on similar commodities; that, in fact, no such arrangement exists 
at any point in Canada, nor on any other commodities, nor within the United 
States. 

The railway companies pointed out that it would be just as logical to request 
the application of a similar arrangement to countless finished products of other 
commodities, for example, for a manufacturer of furniture at a seaport to request 
that on lumber hauled by rail into the port and converted into furniture, charges 
should be refunded down to the basis of the export rate on lumber. Counsel 
for applicants was asked: "If lumber was turned into furniture, would you be 
exporting lumber if you were exporting that furniture?" and, in argument, 
expressed the opinion that there would be considerable merit and justification in 
favour of such a proposition, but that he was not called upon to argue that 
matter. It is, however, a feature that has to be given consideration by the 
Board. 

It was further pointed out by the railway companies that if such an arrange- 
ment were established at the Pacific seaboard, to avoid discrimination it would 
have to be extended to wheat shipped to an inland point, there milled into flour, 
the flour then being forwarded to another intermediate inland point for conver- 
sion into macaroni products, and the latter forwarded to the seaboard for 
export, the charge for the entire haul being based on the export rate on wheat 
from original point of shipment to the seaboard, plus nominal stop-off charges 
for milling and for conversion into the manufactured product. 

There are macaroni manufacturing plants at inland points in both Eastern 
and Western Canada. There are also plants at Montreal who would, undoubt- 
edly, demand the same arrangement to enable them to compete with the Van- 
couver manufacturer in the United Kingdom, etc., markets. 

Applicants' reply to this is that they have not asked for any such exten- 
sion, but this is not an effective answer, so far as concerns consideration of the 
matter by the Board, whose duty it is to prevent unjust discrimination, because 
the extension described would have to be made in order to avoid unjust dis- 
crimination. There has been no application from the macaroni products manu- 
facturers in any other part of Canada for the establishment of an arrangement 
such as here applied for. 

It is quite obvious that to accord and confine an arrangement such as 
applied for to the seaboard manufacturers would be to create a situation 
whereby the manufacture of raw materials into finished products for export 
could only be successfully accomplished at the seaboard and prohibit interior 
manufacturers from engaging in an export business on the same commodities. 
No such unjustly discriminatory arrangement could be permitted or directed by 
the Board. 

If, as expressed by applicants, the export rate applying on wheat in one 
form should be given to the product of wheat in another form, to be logical 
and consistent, the same principle should apply on shipments within Canada 
also. Flour and macaroni products take different rates within Canada and the 
applicants are not asking for any change in the rates on macaroni products 
between Canadian points. 

No arrangement such as applied for is in force in the United States, nor is 
it shown that United States manufacturers exporting large quantities of macaroni 
products are operating under any more favourable rate arrangements than apply 
in Canada and the record does not show that the Canadian manufacturer is not 



36 



in as favourable a position as the United States manufacturer with respect to 
exports to other countries. The question of rates on cereal products as com- 
pared with macaroni products in the United States, the latter being higher, has 
been before the Interstate Commerce Commission on more than one occasion 
and that Commission has held that macaroni products are not entitled to the 
same rates as cereal food preparations, 50 I.C.C., 289, and 81 I.C.C., 108. 

Analyzing applicants' contentions and the extension thereof that would be 
necessary to avoid unjust discrimination, it is found there is involved the fol- 
lowing propositions: (1) That all the products of the same basic commodity 
should be given the same rate, regardless of the many differences in the trans- 
portation characteristics thereof which justify differences in rates. (2) It goes 
further and would mean the application of the rates applying on raw materials 
to all the products made therefrom. The mere expression of the propositions 
indicates the radical nature thereof and seems to require little comment. If the 
revenues of the railway companies are to be preserved, the propositions involve 
sweeping reductions in rates on manufactured articles with respect to which the 
present rates are not shown to be unreasonable and this would involve increases 
in rates on raw material of low value that cannot stand an increase. 

Upon the grounds advanced by applicants, no unjust discrimination is found 
to exist and the application is refused. 

Ottawa, Ont., April 21, 1933. 



ORDER No. 49780 

In the matter of the application of the Dominion Biscuit Company, Limited; 
Famous Foods, Ltd.; Catelli Macaroni Products Corporation, Ltd.; 
Vancouver Milling and Grain Co., Limited; Atlas Flour Mills, Limited; 
National Biscuit and Confection Co., Ltd.; and Ramsay Bros. & Com- 
pany, Limited, all of Vancouver, British Columbia, for an Order directing 
the railway companies to apply the export freight rates on wheat and 
flour when processed and manufactured into macaroni, vermicelli, 
spaghetti, noodles, biscuits, etc., for export. 

File No. 30686.15 

Tuesday, the 25th day of April, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
G. A. Stone, Commissioner. 

Upon hearing the application at the sittings of the Board held in Vancouver, 
March 27, 1933, in the presence of counsel for and representatives of the 
applicants, the Canadian Pacific Railway Company, and the Canadian National 
Railways, and what was alleged, — 

It is ordered: That the application be, and it is hereby, refused. 

C. P. FULLERTON, 

Chief Commissioner. 



37 



ORDER No. 49781 

In the matter of the application of the Detroit and Windsor Subway Company 
and the Detroit and Canada Tunnel Company, hereinafter called the 
''Applicant Companies" for approval of Tariff C.R.C. No. 15, covering 
tolls to be charged in respect of the Detroit Tunnel, on file with the Board 
under file No. 35948.5. 

Tuesday, the 25th day of April, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 
Hon. T. C. Norris, Commissioner. 

Upon the report and recommendation of the Assistant Chief Traffic Officer 
of the Board, — 

It is ordered: That the applicant companies' said Tariff C.R.C. No. 15, 
covering tolls to be charged in respect of the Detroit Tunnel, on file with the 
Board under file No. 35943.5, be, and it is hereby, approved. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 49784 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.13 

Monday, the 24th day of April, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the tolls published in Tariff C.R.C. No. 880, filed by the Dominion 
Atlantic Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and they are hereby, approved, subject to the provisions of subsection 3 of 
section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls which but for the 
said Act would have been effective in lieu of those published in the said Tariff 
C.R.C. No. 880, approved herein, are published in Tariff C.R.C. No. 786, except 
upon fresh fruits, the normal tolls on which are, from Halifax, Nova Scotia, as 
follows: — 

Rates in cents 

To per 100 pounds 

Windsor, N.S 1 

Hantsport, N.S [ 

Wolfville. N.S f 40 

Port Williams, N.S I 

Canning, N.S { 

Kingsport, N.S \ 

Kentville N.S 1 

Centreville, N.S [ 

Sheffield Mills, N.S f 

Hillaton, N.S J 

Coldbrook. N.S.. to Middleton. N.S.. inclusive 

Billtown, N.S., to Weston, N.S., inclusive 



50 



52| 



C. P. FULLERTON, 

Chief Commissioner. 



38 



ORDER No. 49792 

In the matter of tariffs, and supplements to tdriffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.13 

Thursday, the 27th day of April, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the tolls published in Tariff C.R.C. No. 879, filed by the Dominion 
Atlantic Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and they are hereby, approved, subject to the provisions of subsection 3 of 
section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls which but for the 
said Act would have been effective in lieu of those published in the said Tariff 
C.R.C. No. 879, approved herein, are contained in Tariff C.R.C. No. 745, with 
the exception of item No. 10, the normal tolls for which are as follows: — 

From To Cents per 100 pounds 

Halifax, N.S Yarmouth. N.S 16^ 

Truro, N.S 9 \ 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 49794 

In the matter of the joint application of the Canadian Pacific Railway Company 
and the Canadian National Railways, hereinafter called the "Applicants" 
for permission to make effective, on one day's notice, a supplement to 
their respective Tariffs C.R.C. No. E-4632 and C.R.C. No. E-1979, chang- 
ing the application of certain rates issued to meet motor truck competition. 

File No. 27612.74 

Friday, the 28th day of April, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

Upon the report and recommendation of the Assistant Chief Traffic Officer 
of the Board, — 

It is ordered: That the applicants be, and they are hereby, permitted to 
make effective, on one day's notice, a supplement to Canadian Pacific Railway 
Tariff C.R.C. No. E-4632 and Canadian National Railways Tariff C.R.C. No. 
E-1979, changing the application of certain rates published to meet motor truck 
competition. 

C. P. FULLERTON, 

Chief Commissioner. 



39 



ORDER No. 49824 

In the matter of the application of G. Solway & Sons, Limited, of Toronto, 
Ontario, for an Order directing the Canadian National Railways to refund 
to the Applicants alleged overcharges on four cars of scrap malleable iron 
shipped by the Applicants from Canadian National stores at Vol Royal, 
Quebec, to Montreal (Point St. Charles Station), ivhich were reconsigned 
to Cote St. Paul Station. 

File No. 27001.19 

Thursday, the 4th day of May, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 
Hon. T. C. Norris, Commissioner. 
J. A. Stoneman, Commissioner. 

Upon hearing the application at the sittings of the Board held in Toronto, 
May 3, 1933, in the presence of counsel for the Canadian National Railways, 
no one appearing for the applicants, — 

It is ordered: That the application be, and it is hereby, dismissed. 

C. P. FULLERTON, 

Chief Commissioner. 



ACCIDENTS REPORTED TO THE OPERATING DEPARTMENT, 
BOARD OF RAILWAY COMMISSIONERS, FOR MONTH OF 
FEBRUARY, 1933. 

Railway accidents 134, with 22 persons killed and 121 injured. 

Railway accidents at highway crossings 14, with 2 persons killed and 17 injured. 

148 24 138 

Killed Injured 

Passengers 1 10 

Employees 12 102 

Others 11 26 

24 138 

DETAILS OF ACCIDENTS AT HIGHWAY CROSSINGS 

No. of 

Accidents Quebec 
1 Auto truck — Que. licence FM-255. 
1 Pedestrian. 

Ontario 

7 Automobile— Ran into side of train. Ont. licences P-9425, R-3771, M-2224, JA-254, 

FH-130, 38446-C, 6-28S-X. 
5 Automobile— Ont. licences LJ-73, MU-815, 48-924C, 19123C, 56061C. 

Of the fourteen accidents at highway crossings, ten occurred at unprotected 
crossings and four at protected crossings. Nine of the accidents occurred during 
the daylight hours and five at night. 



•¥<=> 



a ; 



Che $oarti of I JUN 2 1933 

Eatltoap Commissioners for^feHaia^ 

Judgments, Orders, Regulations, and Rulings 

Vol. XXffl Ottawa, June 1, 1933 No. 6 

This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscription, $3.00; single 
numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be made to the King's Printer, 
Ottawa, by postal money order, express order or accepted cheque. The use of currency for this purpose is 
contrary to the advice of the postal authorities and entails a measure of risk. Postage stamps, foreign money 
or uncertified cheques will not be accepted. No extra charge is made for postage on documents forwarded to 
points in Canada and in the United States, but cost of postage is added to the selling price when documents 
are mailed to other countries. Early application should be made for copies in quantities. Subscriptions 
should be sent, in every case, to the* King's Printer, Ottawa, 



Application of the Canadian Pacific Railway Company for an order directing 
that the township of East York and the town of Leaside reimburse the 
Canadian Pacific Railway Company the amounts expended in cleaning 
and painting the steel work of the Leaside subway; and that the town- 
ship of East York and the town of Leaside assume the cost of future 
maintenance of said subway. 

File 34833. 

JUDGMENT 
McLean, Assistant Chief Commissioner: 

Order No. 38443 of November 22, 1926, authorized the corporation of the 
township of East York and the corporation of the town of Leaside to construct 
and maintain a highway known as the East York Leaside Viaduct, and plans 
were filed showing the nature and extent of the work. In launching the appli- 
cation on which this order is based the applicants had asked that the railways 
should contribute to the cost of the subway by means of which the highway 
was carried under the tracks of the Canadian Pacific. A further request was 
that contribution should be made out of the Grade Crossing Fund. The Cana- 
dian National and Canadian Pacific Railway consented but without prejudice 
to their contention that they were not liable and should not be required to 
contribute to the cost of any part of the viaduct referred to in the order. The 
order reserved leave to the applicants to apply for an order directing the Cana- 
dian Pacific Railway and/or Canadian National Railways to contribute to the 
cost of that portion of said viaduct within the limits of the right of way of 
the Canadian Pacific Railway Company. It also provided that such part of 
the application as asked for a payment out of the Grade Crossing Fund should 
be reserved to be determined by the Board after due hearing at a future date. 

The parties whom the Board knew as making application were the town- 
ship of East York and the corporation of the town of Leaside. 

An amending Order No. 38548 of December 16, 1926, issued on consent. 
Order No. 38443 had set out that the part of the viaduct within the limits 
of the right of way of the Canadian Pacific Railway Company was to be of 
such design as to preserve the unrestricted use of the full right of way of the 
railway company. Order No. 38548 amended this by substituting the provi- 
sion setting out the right of way of the railway company for a width of 120 

64036—1 41 



42 



feet instead of the full width of the right of way. as set out in Order No. 38443. 
It is reaffirmed that nothing contained in the order is to prejudice or affect 
the contention of the railway companies, or either of them, that they are not 
liable and should not be required to contribute to the cost of any part of the 
viaduct referred to in Order No. 38443 or Order No. 38548. 

There was set down for hearing on November 14, 1927, the application of 
the corporation of the township of East York and the corporation of the town 
of Leaside for a direction to the Canadian Pacific Railway Company and/or 
the Canadian National Railways to contribute to the cost of that part of the 
viaduct within the limits of the right of way of the Canadian Pacific Railway 
Company, and also that payment of part of the cost of said viaduct be ordered 
from the Railway Grade Crossing Fund. 

Judgment was rendered by the late Chief Commissioner McKeown under 
date of December 19, 1927, and Order No. 40043 of December 20, 1927, imple- 
menting the judgment, issued. The judgment sets out that at the hearing on 
November 14, 1927, the applicants stated that, with permission of the Board, 
they would proceed only under the application for a contribution from the 
Railway Grade Crossing Fund. 

The application for a contribution from the railway companies as to cost 
of viaduct having been withdrawn, Order No. 40203 of January 12, 1928, 
issued dismissing the application. 

By Order No. 39905 of November 22, 1927, authorization was given the 
Canadian Pacific Railway Company to use and operate a subway under its 
railway at Leaside. 

Approximately five years elapsed before the question of maintenance and 
the cost of same was raised in connection with this work. It appears from 
the submissions made that no expenditure for maintenance had been neces- 
sary until nearly the end of the five-year period. 

Under date of May 30, 1932, application was made by the Canadian 
Pacific Railway Company setting out that it had expended in cleaning and 
painting the steel work of the Leaside subway the sum of $304.78 in August, 
1931, and the sum of $678.15 during September, 1931. Bills for these amounts 
had been submitted to the township of East York, but payment was refused 
by the municipality. The clerk-treasurer of the town of Leaside advised the 
Canadian Pacific Railway company's general agent at Toronto that he could 
find nothing in the agreement nor in the Leaside Viaduct Act placing any bur- 
den for repairs to this subway on the town of Leaside. The sum involved for 
maintenance is estimated at $200 per annum. 

As pointed out, the municipalities concerned applied for (a) aid in respect 
of a contribution of cost from the railways; and (b) a contribution from the 
Grade Crossing Fund. 

A grant from the Grade Crossing Fund can be made only in connection 
with actual construction work and, therefore, no grant can be made from it 
in aid of maintenance. An application that the railways should contribute 
to the cost is not, however, so limited, and it is open in connection with ques- 
tions of cost to consider, not only the construction cost, but the continuing cost, 
that is, the upkeep or maintenance cost. The applicants, through counsel, 
applied for a grant out of the Grade Crossing Fund, and decided not to pursue 
their application for a contribution of cost in the case of the railways, and dis- 
tinct from the Grade Crossing Fund. 

In connection with the work of this nature, there must be considered, not 
only the cost of construction, but the question of upkeep or maintenance. A 
reasonable maintenance charge is as essentially a part of the cost as the cost 
of construction itself. The order is, it is true, silent as to maintenance, but I 
do not think, in view of what is on record in regard to the discussions both 



43 



at the hearing and in correspondence filed, that there can be inferred from this 
an intention that the maintenance charge should be borne by the railway. In 
this case the greater, namely, the cost of construction, was by consent directed 
to be borne by the applicants. I think the lesser, the maintenance charge, 
should be given the same treatment as the greater, the cost of construction 
charge. 

Order should go directing the township of East York and the town of 
Leaside to reimburse the Canadian Pacific Railway the amount set out in these 
reasons for judgment, and to assume the cost of future maintenance of the 
subway. If the municipalities cannot agree as to the amount of the main- 
tenance or the apportionment of same between themselves, the matter will be 
settled by an Engineer of the Board. 

May 8, 1933. 

Commissioners Norris and Stoneman concurred. 



- ORDER No. 49862 

In the matter of the application of the Canadian Pacific Railway Company for 
an Order directing the Township of East York and the Town of Leaside, 
in the Province of Ontario, to reimburse the Company the amounts 
expended by it in cleaning and painting the steel ivork of the subway 
under its tracks at Leaside, which the said municipalities were authorized 
to construct under the Order of the Board No. 38443, dated November 22, 
1926. 

File No. 34833 

Thursday, the 11th day of May, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 
Hon. T. C. Norris, Commissioner. 
J. A. Stoneman^ Commissioner. 

Upon hearing the application at the sittings of the Board held in Toronto, 
May 3, 1933, in the presence of counsel for the Canadian Pacific Railway Com- 
pany, the town of Leaside, and the township of East York, and what was 
alleged, — 

It is ordered: 

1. That the township of East York and the town of Leaside be, and they 
are hereby, directed to reimburse the Canadian Pacific Railway Company the 
sum of nine hundred and eighty-two dollars and ninety-three cents ($982.93), 
being the amount expended by the company in August and September, 1931, in 
cleaning and painting the steel work of the subway under its tracks at Leaside, 
in the province of Ontario; and that the cost of future maintenance of the sub- 
way be borne and paid by the said municipalities. 

2. That if the said municipalities cannot agree as to the amount of the 
maintenance, or the apportionment of the same between themselves, the matter 
be settled by an engineer of the Board. 

C. P. FULLERTON, 

Chief Commissioner. 

64036-2 



44 



Application of the Canadian National Railways for an Order of the Board 
(similar to Order No. 46191 in connection with the Winnipeg Street 
Subway at Regina, SaskJ directing that the City of Brantford pay to 
the Railway Company one-half of the balance still owing from the Rail- 
way Grade Crossing Fund, together with interest thereon at five per cent 
per annum from the date of expenditure, in the matter of subway at 
West Street, Brantford, Ont. 

File No. 26765.102 

JUDGMENT 

McLean, Assistant Chief Commissioner: 

Application was made by the Canadian National Railways on March 14, 
1933, asking that, in accordance with the judgment of the Board rendered 
January 12, 1933, in connection with the Winnipeg Street Subway at Regina 
(22 Judgments and Orders, p. 287), an order should be issued providing the city 
of Brantford be ordered to pay to the railway company one-half of the balance 
still owing from the Grade Crossing Fund, together with interest thereon at 5 per 
cent per annum from the date of expenditure. 

By Order No. 42365 of March 27, 1929, the application of the city of 
Brantford for leave to construct a subway under the Canadian National Rail- 
ways on West street, and to close George street in the city of Brantford, was 
dealt with by granting permission to the applicant to construct said subway; 
the work to be commenced within one year and completed within two years 
from the date of the order. Provision was made for a contribution from the 
Grade Crossing Fund of 40 per cent of the cost, not to exceed the sum of 
$100,000; 40 per cent to be paid by the Canadian National Railways and 20 
per cent by the applicant municipality, the cost of maintaining the street 
surface, pavement and sidewalks, including drainage and lighting, to be borne 
and paid by the applicant, the remainder of the cost of maintenance to be at 
the expense of the railway company. Provision was made that George street 
was to be closed after the construction of the proposed subway was completed. 

By Order No. 45019 of July 9, 1930, Order No. 42365 was amended by 
providing that the Canadian National was to be directed to construct the sub- 
way. No variation was made in the percentages of distribution. 

By Order No. 47130 of July 29, 1931, the railway was authorized to operate 
its tracks over the subway at West street. 

In the Winnipeg Street Subway Case the financial position of the railway 
and the limitations in point of contribution from the Grade Crossing Fund were 
set out. It is under similar circumstances that the railway is here applying. 

Exception was taken by counsel for the city of Brantford on the ground 
of jurisdiction. Counsel at the same time stated that he was aware that the 
Chief Commissioner had, in eonnection with the Winnipeg Street Subway Case, 
stated that the question of jurisdiction had been considered, and it had been 
concluded there was jurisdiction. He stated further this was to be found in 
the notes of evidence. 

Counsel gave a summary of the steps leading up to the construction of 
the West street subway in Brantford. He stated, in the first instance, an 
application was made for a permissive order; the object of this being to ascer- 
tain before a commitment was made what proportion, if any, of the cost of 
the subway the city would be called upon to bear. He said that it had been 
the position of the city that it should not be called upon to pay any part of 
the cost of the subway. He stated further that time was desired to permit 
the property owners of Brantford to vote on the expenditure of money. 

I am of opinion that the jurisdictional question raised is governed b}' the 
findings of the Chief Commissioner in the Winnipeg Street Subway Case. 



45 



Counsel for the railway stated that while the balance of the cost in the 
Winnipeg Street Subway Case was to be paid equally by the railway company 
and the city, he had no doubt that it was put on this basis because it was 
divided in the same way in which the apportionments were fixed before; and 
he stated that he would be content to have an order whereunder the city of 
Brantford, instead of paying one-half of the cost, would pay on the same basis 
in which they and the railway company were now paying in cases other than 
that provided for by the Grade Crossing Fund, that is to say, the city pays 
20 per cent, and the railway 40 per cent, or, in other words, the city of 
Brantford will pay one-third of the balance. 

When the application was launched, the total commitment out of the Grade 
Crossing Fund for the subway amounted to $100,000. Pro rata payments of 
this amounting to $41,920 have been made. This leaves a balance owing of 
$58,080. Since the date of the hearing a further pro rata payment amounting 
to $16,843.20 has been provided for. This leaves $41,236.80 still to be paid 
out of the Grade Crossing Fund. One-third of this is $13,745.60. 

Order should go providing that the sum of $13,745.60 be paid to the com- 
pany by the city, with interest at five per cent per annum on one-third of 
$58,080, or $19,360, from the date of expenditure to the dates of payment of 
the sum of $5,614.40 to the railway by the Board, and the said sum of $13,745.60 
to the railway by the city, provided that as and when the Board shall be in 
a position to make payments from the Grade Crossing Fund, the city shall be 
entitled to be repaid by the Board the said amount of $13,745.60. 

Commissioners Norris and Stoneman concurred. 

May 10, 1933. 



ORDER No. 49876 

In the matter of the application of the Canadian National Railways for an 
Order directing the City of Brantford, m the Province of Ontario, to pay 
to the said Railway Company an amount equal to one-half of the balance 
still owing from the Railway Grade Crossing Fund, with interest thereon 
at five per cent per annum from the date of expenditure until the date of 
payment, in connection with the subway constructed under the Canadian 
National Railways on West Street, in the said City of Brantford, under 
the Order of the Board No. 42365, dated March 27, 1929, as amended by 
Order No. 45019, dated July 9, 1930. 

File No. 26765.102 

Monday, the 15th day of May, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 
Hon. T. C. Norris, Commissioner. 
J. A. Stoneman, Commissioner. 

Upon hearing the application at the sittings of the Board held in Toronto, 
May 3, 1933, in the presence of counsel for the railway company and the city, 
and what was alleged; 

And whereas the amount to the credit of the Railway Grade Crossing Fund 
does not at the present time permit of the payment of the full forty per cent 
allowed by the said Order No. 42365 towards the cost of construction of the 
said subway: 

It is ordered: That the sum of $13,745.60 (being one-third of $41,236.80, 
the balance now owing from the Railway Grade Crossing Fund) be paid to the 
Canadian National Railways by the city of Brantford in connection with the 
said subway at West street, with interest at five per cent per annum on one- 



46 



third of $58,080 ($19,360), the balance owing from the Railway Grade Crossing 
Fund at the date of the hearing, from the date of expenditure to the 15th day 
of May, 1933; and interest at the rate of five per cent per annum on the said 
sum of $13,745.60 from the 15th day of May, 1933, to the date of payment to 
the railway company by the city: Provided that, as and when the Board shall 
be in a position to make the said payment out of the Railway Grade Crossing 
Fund, the city shall be entitled to be repaid by the Board the said amount of 
$13,745.60. C. P. FULLER/TON, 

Chief Commissioner. 



Application of the Canadian National Railways for an Order of the Board 
(similar to that issued re Winnipeg Street Subway at Regina, Order No. 
46191) directing the City of Oshawa to pay to the railway company 
one-half of the balance still owing from the Railway Grade Crossing 
Fund, together with interest thereon at five per cent per annum from 
the date of expenditure, in connection with the subway at Simcoe Street, 
Oshawa, Ont. File No. 228. 

JUDGMENT 

McLean, Assistant Chief Commissioner: 

Application was made by the Canadian National Railways under date 
of March 14, 1933, in regard to the subway at Simcoe street, Oshawa, Ontario; 
this being on the same line as in the West Street subway, Brantford, applica- 
tion. 

Counsel for Oshawa associated himself in general with the position taken 
with regard to jurisdiction by counsel for Brantford. He also stressed the 
unsatisfactory financial condition of the city of Oshawa. The Canadian 
National in applying had asked for equal division. During the hearing counsel 
amended his application by proposing that the same division be made of the 
balance as was provided for under Order No. 45637 of October 22, 1930, viz., 
57 per cent payable by the Canadian National Railways; 43 per cent payable 
by the city of Oshawa. At the date of hearing $27,218.64 had been paid to the 
railway, leaving a balance of $31,952.33 to be paid the latter from the Grade 
Crossing Fund. This was reduced by the sum of $555.79 chargeable to the 
Oshawa Railway on account of paving devil strip through the subway, making 
the amount due the railway $31,396.54. Since the hearing the Board has been 
able to make a further pro rata payment to the railway and the city. In the 
case of the railway this payment is $9,266.18, reducing the amount due the 
railway from the Grade Crossing Fund to $22,130.36. The city's proportion 
of this is 43 per cent or $9,516.05. An account has been submitted by the city 
of Oshawa amounting to $6,805.60. The pro rata payment reduced it by 
$3,130.58 to $3,675.02. Since the hearing as mentioned above, the Board has 
been able to make a further pro rata payment of $1,065.76, reducing the sum 
of the account submitted by the city of Oshawa to $2,609.26. Of this amount 
the railway is responsible for 57 per cent or $1,487.28. 

Order should go providing that the sum of $9,516.05 be paid to the com- 
pany by the city, with interest at the rate of five per cent on $13,500.51 (beinp; 
43 per cent of $31,396.54) from the date of expenditure to the 15th May, 1933, 
and with interest at the same rate on $9,516.05 from May 15, 1933, to the 
date of payment to the railway. The order should also provide that the rail- 
way pay to the city the sum of $1,487.28, with interest at the rate of five per 
cent on $2,094.76 (being 57 per cent of $3,675.02) from the date of expendi- 
ture to May 15, 1933, and with interest at the same rate on $1,487.28 from 
May 15, 1933, to the date of payment to the city. 

Commissioners Norris and Stoneman concurred. 



May 11, 1933. 



47 



ORDER No. 49877 

In the matter of the application of the Canadian National Railways for an Order 
directing the City of Oshawa to pay to the said Railway Company an 
amount equal to one-half of the balance still owing from the Railway 
Grade Crossing Fund, with interest thereon at five per cent per annum 
from the date of expenditure until the date of payment, in connection with 
the subway constructed under the Canadian National Railways at Simcoe 
Street, in the said City of Oshawa, under the Order of the Board No. 1^5637, 
dated October 22, 1930. File No. 228 

Monday, the 15th day of May, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 
Hon. T. C. Norris, Commissioner. 
J. A. Stoneman, Commissioner. 

Upon hearing the application at the sittings of the Board held in Toronto, 
May 3, 1933, in the presence of counsel for the Canadian National Railways and 
the City of Oshawa, and what was alleged; 

And whereas the amount to the credit of the Railway Grade Crossing Fund 
does not at the present time permit of the payment of the full forty per cent 
allowed by the said Order No. 45637 towards the cost of the construction of the 
said subway, — 

It is ordered: 

1. That the sum of $9,516.05 be paid to the Canadian National Railways 
by the city of Oshawa, with interest at the rate of five per cent per annum on 
$13,500.51 (being forty-three per cent of $31,396.54), from the date of expendi- 
ture to the 15th day of May, 1933; and with interest at the rate of five per cent 
per annum on the said sum of $9,516.05 from the 15th day of May, 1933, to the 
date of payment to the railway company. 

2. That the Canadian National Railways pay to the city of Oshawa the 
sum of $1,487.28, with interest at the rate of five per cent per annum on $2,094.76 
(being fifty-seven per cent of $3,675.02) , from the date of expenditure to the 15th 
day of May, 1933; and with interest at the rate of five per cent per annum on 
$1,487.28 from the 15th day of May, 1933, to the date of payment to the city. 

3. That, as and when the Board shall be in a position to make payments out 
of the Railway Grade Crossing Fund, the railway company and the city shall be 
entitled to be paid by the Board the amounts of $14,101.59 and $10,638.03 
respectively. 

C. P. FULLERTON, 

Chief Commissioner. 



Application of Toronto Wholesale Fruit Merchants' Association for a ruling 
concerning charge assessed for use of refrigerator cars on certain ship- 
ments of vegetables from Vancouver and Victoria, B.C., to Toronto, 
Ontario. 

File No. 18855.68. 

By the Board: 

This application is for a ruling concerning charge of $10 for use of refriger- 
ator car on a carload shipment of tomatoes from Victoria on May 31, 1932, also 
on a carload of cauliflower and lettuce from Vancouver on May 30, 1932, both 
consigned to Toronto. Applicant contends the assessment of the $10 charge was 
an overcharge. 



48 



The tariff governing on these shipments, both as to rate and charge for use 
of refrigerator car, is Canadian Freight Association (Western Lines) C.R.C. No. 
77, issued by agent Thompson. Item 245 therein publishes the rate charged, 
namely, $1.87 J, applying on fresh vegetables, and No. 18 of the Rules and Con- 
ditions governing the tariff reads: — 

" When, at the request of shippers, refrigerator cars are supplied for 
the shipment of vegetables, a charge of $10 per car per trip will be assessed 
for the use of the car, in addition to the freight charges and heating or 
refrigeration charges." 

While not relevant in so far as these shipments are concerned, it is observed 
that the rate has since been reduced and the item in question also now provides 
that " Rule 18, page 15, of tariff will not apply." 

The charge in question is authorized by the Board's General Order No. 
152, dated November 2, 1915, which permitted the railways, which supply refrig- 
erator cars at request of shippers for the carriage of vegetables in carload lots, 
to make the charges therein set out and which, for any distance over 1,000 miles, 
is $10 per trip. Said order is still effective. Applicant's contention is that 
inasmuch as subsequent to issuance of this order the classification rating on fresh 
vegetables, carloads, has been advanced from 8th class to 5th class, the charge 
should not apply on vegetables classifying 5th class or higher. Tariffs of most 
of the companies in Eastern Canada now contain such a provision for the rea- 
son that in this territory green vegetables are usually carried at class rates. The 
tariffs in Western Canada have not been similarly amended and still provide 
charges in accordance with General Order No. 152, and the reason seems obvious, 
namely, that while the carload rating in the Classification is 5th class, these 
vegetables are still being generally carried between points in Western Canada 
under commodity tariffs at 8th class rates or lower. While this is informative, 
it is irrelevant to the issue here, namely, the charge legally provided for by 
tariff on the two shipments in question. 

Applicant refers to Canadian National Railwavs (Lines West Fort 
William, Ont., Armstrong, Ont., and East thereof) Tariff C.R.C. No. E-1694 
(item 160 therein) and contends that under the provisions of this tariff " it 
was not the intention of the Canadian National Railways to charge for the use 
of refrigerator cars loaded with 5th class vegetables between any two points 
in Canada on their system." Applicant further states: "The previous tariffs 
did not make it clear as to whether this clause applied between stations in 
Eastern Canada, or otherwise," but that " this was made perfectly clear " in 
the tariff above named. The wording in the previous tariff (C.R.C. No. E-1205) 
was : " Between all Canadian National Railways stations (see exceptions (a) 
(b) and (c) below)." The wording in the present tariff is "Between all Cana- 
dian National Railways stations (see exceptions (a) and (b) below)." It will 
be observed that there is no difference in the wording (the exceptions not being 
pertinent) and, if the previous tariff was not clear, as suggested by applicant, 
then the current tariff is similarly ambiguous. The reduction symbol to which 
applicant refers has no significance on this point. In the previous tariff, the 
item in question, by exception (a), was not applicable for movements locally in 
Eastern Canada between stations between Murray Harbour and Vernon Sub- 
divisions; when the tariff was reissued this exception to the application of the 
item was eliminated; in other words, formerly certain stations in Eastern 
Canada were not included in the item, while now all stations in this territory are 
included and this explains the insertion of the symbol. A reduction symbol was 
also shown when, in the previous tariff, the non-application of the item to or 
from points on the former narrow gauge section of Prince Edward Island was 
removed. 



49 



It was stated in application of the Dominion Traffic Association, Volume 21, 
Board's Judgments, Orders and Rulings, p. 81 at p. 84: — 

u While the various lines operated by the Canadian National Rail- 
ways System are commonly so described, there is a clear distinction as 
between various portions of that system in the matter of construction and 
filing of tariffs. For example, there is a distinct unit described as Grand 
Trunk Railway System (lines west of Detroit and St. Clair Rivers) ; 
another, Grand Trunk Railway System (lines in the United States east 
of the west bank of the Detroit and St. Clair rivers) ; another, Canadian 
National Railways (West Fort William, Ont., Armstrong, Ont., and east 
thereof) ; also Canadian National Railways (lines Port Arthur, Arm- 
strong, Ont., and west thereof) . Stated briefly, for tariff making purposes, 
these are four distinct lines and rates are published from points on one 
of these lines to points on the others under authority of forms of concur- 
rence furnished by the latter." 

Tariff C.R.C. No. E-1694 has no application with respect to the shipments here 
in question. As shown on its- title page, also at the top of each page in the tariff, 
its application is restricted to Canadian National Railways (lines West Fort 
William, Ont., Armstrong, Ont., and east thereof) and other carriers listed on 
title page. The Canadian National Railways (lines Port Arthur, Armstrong, 
Ont., and west thereof) are not initial carriers, or participating carriers party to 
the tariff. Clearly, the application of the tariff " between all Canadian National 
Railways stations " is restricted to the scope of the tariff as indicated on the title 
page and does not, and cannot, under its terms and description and in the absence 
of specific provision therefor, apply from points on another distinct unit or line, 
for tariff making purposes, namely, Canadian National Railways (lines Port 
Arthur, Armstrong, Ontario, and west thereof) . 

RULING 

Upon consideration of the submissions filed and for the reasons herein set 
out, the ruling of the Board is that agent Thompson's Tariff C.R.C. No. 77 is 
applicable with respect to the two shipments made in May, 1932, as hereinbefore 
described, and the charge of $10 per car per trip for use of refrigerator car was 
lawfully provided for under the provisions of Rule No. 18 of said tariff. 

Ottawa, Ont., May 12, 1933. 



Complaint of the Canadian Livestock Co-operative of Quebec, Limited, concern- 
ing alleged overcharge in switching charges assessed by the Canadian 
National Railways with respect to four cars of sheep shipped from Wal- 
tham, Que., via the Canadian Pacific Railway on October 29, 1932, con- 
signed to complainant at Point St. Charles (Montreal) on the Canadian 
National Railways. 

File No. 28233.21 

JUDGMENT 

By the Board: 

The complainant and the railway companies have set out their position and 
contentions in written submissions filed with the Board. 

Four cars of sheep were shipped from Waltham, Que., on the Canadian 
Pacific Railway, on October 29, 1932, to Point St. Charles (Montreal) on the 
Canadian National Railways, and the point at issue relates to the switching 
charges assessed by the Canadian National Railways for the movement of the 
cars from Jacques Cartier Junction (its connection with the Canadian Pacific 
Railway) to Point St. Charles. Complainant claims to have been overcharged. 



50 



There is no through rate published, consequently, the traffic is subject to the 
combination of the rates of the Canadian Pacific and Canadian National Rail- 
ways to and from Jacques Cartier Junction. The first tariff to be considered is 
Canadian Pacific Railway C.R.C. E-3876, which governs the movement from 
Waltham to Jacques Cartier Junction (Montreal). When originally issued in 
1921, this tariff provided that Montreal rates would also apply to Montreal 
Stock Yards, Point St. Charles (via Jacques Cartier Junction), constituting, of 
course, a through rate. However, in Supplement 15 thereto, effective February 
2, 1925 (over seven years before these shipments moved), the rates to Montreal 
Stock Yards, Point St. Charles, via Jacques Cartier Junction and Canadian 
National Railways, were withdrawn and cancelled and, since that date, no 
through rates have been in effect. So far as these shipments are concerned, 
therefore, this tariff contains the rates, rules and regulations governing the move- 
ment solely on the line of the Canadian Pacific Railway; the rates, rules and 
regulations governing the movement on the Canadian National Railways have 
to be found in that company's tariff. The tariff contains a rule stipulating that 
if a double-deck car is ordered by shipper and the railway is unable to furnish 
same within six days, and furnishes in lieu thereof two single-deck cars, the 
minimum weight and rate used shall be that fixed for the car ordered. The 
provisions of this rule applied here and were observed by the railway on the 
movement to Jacques Cartier Junction, None of the provisions of this tariff 
applied to the movement of these shipments by the Canadian National Railways. 

The tariff of the Canadian National Railways publishing the rate on this 
traffic is C.R.C. No. E-1456. Item 77 therein names a rate of $4 per car for 
movements between the interchange with the Canadian Pacific Railway at 
Jacques Cartier Junction and Montreal Stock Yards, Point St. Charles, which 
is a haul of 13-6 miles. This is a flat rate per car and the service also includes 
the return movement of the empty car. This rate was charged on the four cars. 
There is no provision in the tariff for treating two cars as one and charging 
accordingly, as contained in the tariff of the Canadian Pacific Railway. Com- 
plainant contends the cars should have been so handled and alleges an over- 
charge of $8, which contention is not, of course, tenable under the reading of the 
tariff. 

Complainant bases its contention on the terms of the live stock contract, 
quoting that portion thereof reading: — 

" It is mutually agreed as to each carrier of all or any of said live 
stock, over all or any portion of said route to destination, and- as to each 
party at any time interested in all or &ny of said live stock, that every 
service to be performed hereunder shall be subject to all the conditions, 
whether printed or written, herein contained, and which are agreed to by 
the shipper and accepted for himself and his assigns." 
The live stock contract has a notation thereon " two double-deck cars ordered 
October 19, four singles supplied October 29." This notation while, no doubt, 
a statement of fact, does not in itself impose an obligation on either the Cana- 
dian Pacific Railway or the Canadian National Railways to treat two cars as 
one; it contains no contract or undertaking as to the rates to be charged; these, 
under the terms of the contract, are to be subject to the tariffs in effect. Neither 
this notation, nor the above quoted portion of the contract, override, in any way, 
the provision printed at the beginning of the contract, namely, that the live 
stock is " received subject to the classification and tariffs in effect on the date 
of issue of the original live stock bill of lading (except when inconsistent here- 
with)." The charge assessed by the Canadian National Railways was its legal 
tariff rate and complied and was in conformity with, rather than in violation of, 
the provisions of the contract. 

The complaint will be dismissed. 
Ottawa, Ont., May 15, 1933. 



51 



ORDER No. 49874 

In the matter of the complaint of Canadian Livestock Co-operative of Quebec, 
Limited, concerning alleged overcharge in switching charges assessed by 
the Canadian National Railways with respect to four cars of sheep 
shipped from Waltham, Quebec, via the Canadian Pacific Railway, on 
October 29, 1932, consigned to complainant at Point St. Charles (Mont- 
real) on the Canadian National Railways. 

File No. 28233.21 
Wednesday, the 17th day of May, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 

S. J. McLean, Assistant Chief Commissioner. 
Upon reading the submissions filed in support of the complaint and on behalf 
of the Canadian National Railways and the Canadian Pacific Railway Com- 
pany,— 

It is ordered: That the complaint be, and it is hereby, dismissed. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 49843 

In the matter of the application of the Detroit and Windsor Subway Company 
and the Detroit and Canada Tunnel Company, hereinafter called the 
"Applicant Companies" for approval of Tariff C.R.C. No. 16, covering 
tolls to be charged in respect of the Detroit Tunnel, on file with the Board 
under file No. 35943.5. 

Monday, the 8th day of May, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 
Upon the report and recommendation of the Assistant Chief Traffic Officer 
of the Board, — 

It is ordered: That the applicant companies' said Tariff C.R.C. No. 16, 
covering tolls to be charged in respect of the Detroit Tunnel, on file with the 
Board under file No. 35943.5, be, and it is hereby, approved. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 49879 

In the matter of the application of the Canadian National Railways, hereinafter 
called the " Applicants," for permission to cancel, upon less than statutory 
notice, a rate on wooden handles issued to meet motor truck competition. 

File No. 27612.76 
Thursday, the 18th day of May, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 
Upon its appearing that, notwithstanding the reduction in the rate on 
wooden handles, the traffic will continue to move by motor truck, — 

It is ordered: That the applicants be, and they are hereby, permitted to 
cancel, upon three days' notice, the rate of 10 cents per 100 pounds published 
on wooden handles, carloads, from Tillsonburg, Ontario, to Hamilton, Ontario, 
in Tariff C.R.C. No. E-1979. 

C. P. FULLERTON, 

Chief Commissioner. 



52 



ORDER No. 49880 

In the matter of the application of the Brantford Municipal Railway Commis- 
sion, hereinafter called the "Applicant," under Section 333 of the Rail- 
way Act, for approval of its Standard Tariff C.R.C. No. 1, covering fares 
on its street railway in the City of Brantford and Province of Ontario, on 
file with the Board under file No. 38706. 

Thursday, the 18th day of May, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

Upon the report and recommendation of the Assistant Chief Traffic Officer 
of the Board, — 

It is ordered: That the applicant's said Standard Tariff C.R.C. No. 1, cover- 
ing fares on its street railway in the city of Brantford, province of Ontario, on 
file with the Board under file No. 38706, be, and it is hereby, approved; the said 
tariff, with a reference to this order, to be published in at least two consecutive 
weekly issues of the Canada Gazette. 

C. P. FULLERTON, 

Chief Commissioner. 



6$ 



€be poarb of 

&atltoap Commta&toners: for 




Judgments, Orders, Regulations, and Rulings 

Vol. XXIII Ottawa, June 15, 1933 No. 7 

This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscription, $3.00; single 
numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be made to the King's Printer, 
Ottawa, by postal money order, express order or accepted cheque. The use of currency for this purpose is 
contrary to the advice of the postal authorities and entails a measure of risk. Postage stamps, foreign money 
or uncertified cheques will not be accepted. No extra charge is made for postage on documents forwarded to 
points in Canada and in the United States, but cost of postage is added to the selling price when documents 
are mailed to other countries. Early application should be made for copies in quantities. Subscriptions 
should be sent, in every case, to the King's Printer, Ottawa, 

Application of Dome Mines, Limited, South Porcupine, Ont., for a ruling of the 
Board as to the legal rate on a shipment of flint grinding pebbles, which 
moved from Montreal Wharf, ex Denmark, to South Porcupine, in July, 



File No. 38663 

JUDGMENT 

By the Board: 

The applicant and the railway company filed written submissions setting 
out their position and contentions respecting the matter at issue and requested 
that the case be disposed of upon such submissions and without a public hearing. 

The shipment here in question is described as consisting of " 636 bags flint 
pebbles," used in applicant's mills for grinding purposes. It was charged the 
10th class domestic rate plus 4 cents per 100 pounds for Montreal terminal 
charge under item 5, page 259, of Canadian Freight Classification No. 18 and 
Canadian National Railways Tariff G.T. C.R.C. No. E-3461. Applicant claims 
the lower mileage scale of rates published on stone (cobble or field) in Tariff 
C.R.C. No. E-1680 should have applied. 

Applicant submits authorities defining cobbles, or cobblestones, as rounded 
stones approximately 2^ inches to 10 inches in diameter; pebbles being defined 
as rounded stones i inch to inches in diameter; states the stones in this 
shipment were 3 inches and over, but under 10 inches in diameter and, therefore, 
" outside the pebble category, but definitely within the cobblestone class." It 
is not apparent that the authorities cited cover specifically these so-called flint 
grinding pebbles (which is a recognized trade name for these articles), imported 
from Europe and which are gathered on the beaches in certain areas and assorted 
according to sizes, which may range from 1 to 6 inches in diameter. 

In the Canadian Freight Classification there is an item reading " Cobble, 
Field or Rubble " and another separate item reading " Grinding Pebbles, used 
in pulverizing mills"; both are under the heading "Stone." In the sense in 

53 

64732—1 



54 



which they are generally understood and accepted commercially, there is a clear 
distinction between these two descriptions of stone. The former consists of 
field stone, found everywhere, the rounded ones being usually referred to as 
cobblestones; they may be of any kind, i.e., granite, limestone, sandstone, etc.; 
they are of low value — a domestic product — and are always shipped in bulk and 
used for building and paving purposes. They would be useless as grinding stones. 
In the light of this controversy it would seem that the word " cobble " might 
well be eliminated from this item, making it read " field," which would be inclu- 
sive and sufficient. The other item is confined to one kind of hard stone (flint) ; 
found on the seashore in restricted areas in Europe; are shipped in containers 
(bags in this case); are used in mills for grinding purposes; are not used for 
building or paving purposes. " Pebbles " is the recognized trade name for these 
grinding stones; flint grinding stones may be a more exact desciiption. 

In view of the foregoing, we do not consider the fact that these so-called 
pebbles may be the same size and shape as the stones commonly known as cobble- 
stones, is controlling in the matter here at issue. Flint grinding pebbles imported 
from Europe (but apparently not those received by applicant) are as small as 
one inch in diameter, so that within the definitions given by applicant the small 
grinding pebbles would be outside the category of cobblestones and the larger ones 
within that description; no such distinction, based on size, is made in the classi- 
fication item. 

The description in the tariff publishing the lower mileage scale of rates is 
" Stone (Field or Cobble)." The point for determination is whether this is more 
inclusive than the item of same wording in the classification, thus embracing the 
stones in both classification items above referred to. The tariff is governed by 
the classification, from which it might be argued that this description in the 
tariff is intended to have the same application as the similarly worded item in 
the classification. This wording in the tariff has had a well accepted meaning 
and has not heretofore been applied on these grinding pebbles or stones. 

We have taken cognizance of the citations given by applicant from previous 
decisions of the Board, but which are not considered in conflict with our finding 
here. This Board, as well as the Interstate Commerce Commission, has held 
that any doubt as to the meaning of a tariff should be construed against the 
party responsible for having such tariff in effect; that the intention of the 
framers of the tariff is not controlling and they are to be construed according 
to the language used, but we also take the same view as the Interstate Com- 
merce Commission, namely, that: — 

" Although doubt as to the meaning of a tariff must be resolved in 
favour of the shipper and against the carrier which compiled it, the doubt 
must be a reasonable one and the terms of a tariff must be taken in the 
sense in which they are generally understood and accepted commercially. 
All of the pertinent provisions of a tariff must be considered together, and, 
if those provisions may be said to express the intention of the framers 
under a fair and reasonable construction, that intention must be given 
effect." 118 I.C.C., 186; 161 I.C.C., 77. 

RULING 

Upon consideration of the submissions filed and for the reasons herein set 
out, the ruling of the Board is that the 10th class rate, plus 4 cents per 100 
pounds for Montreal Terminals, was lawfully applicable on the shipment in 
question. 

Ottawa, OnT., May 22, 1933. 



55 



ORDER No. 49893 

In the matter of the application of the Dome Mines, Limited, of South Porcupine, 
Ontario, for a ruling of the Board as to the legal rate on a shipment of 
flint grinding pebbles, which moved from Montreal Wharf, ex Denmark, 
to South Porcupine, in July, 1932. 

File No. 38663 
Tuesday, the 23rd day of May, A.D. 1933. 
Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

Upon reading what is filed in support of the application and on behalf of 
the Canadian National Railways; and upon the report and recommendation of 
the Assistant Chief Traffic Officer of the Board, — 

It is declared: That the 10th class rate, plus 4 cents per 100 pounds for 
Montreal Terminals, was lawfully applicable on the shipment in question. 

C. P. FULLERTON, 

Chief Commissioner. 



Application of the Saskatchewan Co-Operative Creameries, Ltd., Regina, Sask., 
for an order of the Board directing a reduction in the freight rates on 
butter, in carloads, from points in Saskatchewan to Eastern Canadian 
points, Montreal and west thereof. 

File No. 38423. 

JUDGMENT 

By the Board. 

This application was developed by written submissions of the applicants 
and the railways and, thereafter, applicants expressing a desire for a public hear- 
ing to furnish additional evidence before judgment was given, it was set down 
for hearing at sittings of the Board in Regina on March 24, 1933, at which Mr. 
George H. Smith, representing the Province of Saskatchewan, and Mr. Thomas 
Watson, representing the Saskatchewan Dairy Association, also appeared in 
support of the application. 

At the hearing, Mr. Smith, who presented the case for the applicants, stated 
it was the intention of the Saskatchewan creameries to confer with the cream- 
eries of Manitoba and Alberta and submit a joint memorandum to the Board 
covering rates on butter from the three Prairie Provinces in the light of the 
existing conditions. 

This application was launched in July, 1932, and the hearing took place 
over two months ago, so that ample time has been allowed for this purpose. 
No further submissions have been filed and the matter will now be dealt with 
on the record. 

The Board is asked to direct the railways to establish special commodity 
rates on butter, carloads, from shipping stations in Saskatchewan to eastern 
Canadian points, Montreal and west, said commodity rates to be the same as 
the 4th class rates. The present rates are the 3rd class rates governed by the 
Canadian Freight Classification. The reduction in rates, as sought, is between 
20 and 25 per cent. 

64732— 11 . , . 



56 



This application is very largely based on the condition and needs of the 
dairy industry of Saskatchewan, i.e., it is stated that it is difficult to operate 
at a profit under the present prices and reduced rates are required to permit 
Saskatchewan butter to compete in the markets of Eastern Canada, which are 
directly adjacent to large dairying districts there. It is pointed out in the sub- 
missions of the railways that the price of butter has not fallen to a greater 
extent than in the case of a great many other commodities, including prac- 
tically all other farm products. Giving force to this phase of the application 
would involve a reduction in practically all the freight rates of the 
country, because, nearly every industry or producer could to-day give 
similar evidence, as what commodity has not suffered a decrease in 
value under the economic disturbance of the last four years; and 
the situation in which the railway companies find themselves as a result of 
the same condition is well known. This feature of the application involves 
the fixing of rates based on the needs of an industry; to overcome disadvan- 
tages in geographical location; and the establishment of rates bearing a rela- 
tionship to the fluctuations in the price of commodities. These matters have 
been fully discussed in recent judgments of the Board, where the same features 
were raised, and also with respect to the rates on this same commodity between 
the same points. Mr. Smith stated he was familiar with the previous judg- 
ments of the Board, consequently it is considered unnecessary to here repeat 
what will be found set out in the following references: — 

Complaint of the National Dairy Council of Canada re freight rates 
on butter from points in Prairie Provinces to Vancouver and Mont- 
real, Volume 12, Board's Judgments and Orders, p. 144. 

Application of Saskatchewan Dairy Association, concerning carload rating 
on butter in Canadian Freight Classification, Volume 15, Board's 
Judgments and Orders, p. 199. 

Application of the National Dairy Council and Provinces of Manitoba, 
Saskatchewan and Alberta for a reduction in freight rates on butter, 
Volume 17, Board's Judgments and Orders, p. 391. 

Application of Canadian Sugar Factories, Limited, Raymond, Alta., Vol- 
ume 22, Board's Judgments and Orders, p. 163 at p. 166-7. 

Application of Canadian Freight Association for approval of supplement 
to Canadian Freight Classification amending the carload rating on 
bulk apples, Volume 22, Board's Judgments and Orders, p. 220 at 
p. 225-6-7. 

It is suggested by applicants that the reduced rates applied for would 
benefit the railways through an increase in the tonnage of butter carried. Sub- 
missions of this same character are frequently made to the Board, but without 
being proven. The record is most inconclusive as to what increase in the 
traffic would actually ensue from the decrease in rates. If the rates were 
reduced between 20 and 25 per cent, as applied for, then in order for the rail- 
ways to obtain, not an increase in earnings, but exactly the same gross earnings 
as they did before the rates were reduced, they would require an increase of 
between 25 and 33^ per cent in the volume of the traffic. With this increase 
in the volume of the traffic handled, the gross earnings of the railways there- 
from would be the same as before the reduction was made; but would it be 
seriously suggested that their net earnings would be the same; or, in other 
words, that it would cost nothing at all to supply and haul between one-quarter 
and one-third more cars of this perishable traffic, which requires special equip- 
ment and prompt handling. Applicants stated that last year they made 
7,666,001 pounds of butter, of which less than 2,000,000 pounds was sold in 
Saskatchewan, the balance being shipped outside the province, principally to 



57 



Eastern Canada. Twenty-five per cent of their make would be 1,916,500 
pounds, so that it is not obvious that the increase in tonnage from the appli- 
cants under the reduced rates would be sufficient to be of actual benefit to the 
railways in the way of increased earnings from this traffic. 

The production of creamery butter in Saskatchewan, as well as the two 
other Prairie Provinces, in the year 1931, is the largest ever recorded. Figures 
for 1932 are not available and it is stated that, so far as Saskatchewan is con- 
cerned, they would show a decrease of approximately 1,000,000 pounds. With- 
out showing each year's figures (some of those omitted being shown in previous 
judgments above referred to) the following is taken from the record of the 
Bureau of Statistics: — 

Manitoba Saskatchewan Alberta 
Year Pounds Pounds Pounds 

1900 1,557,010 143,645 601,489 

1910 2,050,487 1,548,696 2,149,121 

1915 - ' '. 5.839,667 3,811,014 7,544,148 

1920 7^578,549 6,638,656 11,821,291 

1925 13,663,312 15,946,233 19,630,101 

1930*! 15,786.896 13,920,561 17,716,744 

1931 21,078,073 18,960,352 22,957,922 

Mr. Smith contended that the ton mile rate under the rates applied for 
indicated they would be remunerative when contrasted with the average rate 
per ton mile on the entire traffic carried by the railways. Some figures were 
given, but a comparison of this character furnishes no evidence of the unrea- 
sonableness of the butter rates under consideration. It has repeatedly been 
held by the Board, as well as the Interstate Commerce Commission, that ton 
mile earnings alone are seldom a proper test of the unreasonable- 
ness of a rate; further that the fact that rates on a certain 
commodity yield revenue per ton mile higher than the average on 
all traffic, cannot be accepted as evidence of the unreasonableness of such 
rates. If it were so accepted, the result would be a continual reduction of 
rates that yield higher than the average revenue until all rates were on a com- 
mon level. Ton mile statistics, reflecting, as they do, neither carloading, train 
tonnage, nor car nor train mileage, are far from being reliable guides in fixing 
freight rates. Without any change in the charge for the service, a reduction, 
or an increase, in the average revenue per ton mile will be brought about by a 
relative difference in the length of haul or in the volume of traffic taking dif- 
ferent rates. 

Mr. Smith directed attention to commodity rates on butter, carloads, from 
points in North Dakota to Montreal and New York, which are below the third 
class rate. To Montreal the following comparison is given: — 

Third Class Commodity Reduc- 

From To Rate Rate tion 

Minot, N.D. Montreal, $2 40£ $2 04| 36 cents 

Dickinson, N.D. Montreal, 2 49£ 2 10l 39 cents 

He stated that the Canadian Pacific and Canadian National Railways were 
participating carriers in these special commodity rates and that (p. 519) : — 

" These special commodity rates on American butter from North 
Dakota creameries to Montreal were established with the full approval 
and concurrence of both the Canadian Pacific and Canadian National 
Railways. The Saskatchewan Government therefore strongly urges that 
our Canadian railways should, in justice to our suffering Canadian 
producers and Canadian creameries, be directed to established fair and 
equitable commodity rates on Canadian butter from Saskatchewan to 
the same markets as they have been instrumental in establishing com- 
modity rates on American butter from North Dakota creameries." 



58 



These rates have been checked. There are no through rates published on butter 
from North Dakota to Eastern Canada. The rates named are simply combina- 
tions of commodity rates from originating points to Chicago, plus the 3rd class 
rates from Chicago to Montreal, the latter being published in Central Freight 
Association (Jones) Tariff C.R.C. No. 843. The rates are made up as follows: — 



Minot to Chicago (Special Commodity Rate) $1 08 

Chicago to Montreal (3rd Class Rate) 94£ 

United States Lines' Emergency Charge 02 



$2 04£ 



Dickinson to Chicago (Special Commodity Rate) $1 14 

Chicago to Montreal (3rd Class Rate) 94£ 

United States Lines' Emergency Charge . . . - 02 



$2 104 



The tariff publishing the rates from points in North Dakota to Chicago is not 
filed with the Board. We have obtained a copy of Great Northern Railway 
Tariff I.C.C. No. A-7148, containing the rate of $1.08 from Minot to Chicago, 
and which shows on its title page that the rates published therein were established 
to meet motor truck competition and expire December 31, 1933, unless sooner 
cancelled, changed, or extended. It cannot, therefore, be properly stated that 
the Canadian lines have been instrumental in establishing commodity rates 
on American butter from North Dakota creameries to Montreal; they are not 
responsible for the commodity rates to Chicago and, in so far as they can 
control the situation east of Chicago, the rate is 3rd class the same as in the 
Canadian Classification. There is no evidence that any butter is moving on 
these rates from North Dakota points to Montreal. Mr. Smith was asked this 
question and replied, " I don't know." 

Applicants made reference in a general way to the handling of meat and 
eggs as compared with butter. In the railways' submission dated January 21, 
1933, this feature was gone into in considerable detail and, as copy was fur- 
nished the applicants, it is unnecessary to here set out the data contained therein. 
Briefly, it shows a marked difference in the consumption per capita, butter being 
the lowest; that the average value of a carload of butter greatly exceeds that of 
eggs or meats. It is stated by the railways, and admitted by applicants, that 
fresh meats and eggs are not, as products, competitive with butter, as in no case 
can one be used as a substitute for the other. 

The matter of the rates on butter has been before the Board on three occa- 
sions in the past ten years and they have been found not to be unreasonable. 
We do not consider the present record affords any basis for finding the present 
rates unreasonable and the application will be refused. 



Ottawa, Ont., May 26, 1933. 



59 



ORDER No. 49912 

In the matter of the application of the Saskatchewan Co-operative Creameries, 
Limited, of Regina, Saskatchewan, hereinafter called the "Applicants" 
for an Order directing a reduction in the freight rates on butter, in car- 
loads, from points in Saskatchewan to Eastern Canadian points, Montreal, 
and west. 

File No." 38423 
Tuesday, the 30th day of May, A.D. 1933. 
Hon. C. P. Fullerton, K.C., Chief Commissioner. 
G. A. Stone, Commissioner. 

. Upon hearing the application at the sittings of the Board held in Regina, 
March 24, 1933, in the presence of representatives of the applicants, the Cana- 
dian Pacific Railway Company, and the Canadian National Railways, and what 
was alleged, — 

It is ordered: That the application be, and it is hereby, refused. 

C. P. FULLERTON, 

Chief Commissioner. 



Application of the Hamilton Street Railioay Company, dated April 3, 1933, to 
review and vary the judgment of the Board delivered at the hearing on 
January 30, 1933, and Order No. 49488, dated February 1, 1933, based 
thereon. 

(File No. 23009.1) 

JUDGMENT 
Fullerton, Chief Commissioner: 

By a judgment bearing date January 30, 1933, the Board disposed cf the 
application of the several utility companies to be reimbursed for expenses incurred 
by them in the alteration of their facilities to meet the changed conditions brought 
about by the erection of the Canadian National Railway Company's station at 
Hamilton and the facilities in connection therewith. 

The Hamilton Street Railway Company now applies to vary the said judg- 
ment in so far as it affects that company by directing that it " be reimbursed for 
the residual value of its tracks and equipment on the old (James Street) bridge 
and the cost of removal thereof and, in addition, the residual value of its tracks 
and equipment which were abandoned as a result of the widening of the railway 
{ cut ' or in any event should be reimbursed to the extent that such cost was 
increased by the lengthening of the bridge as a result of the widening of the said 
'cut'." 

With regard to the first part of the relief asked for, the Board has already 
refused it and I see no reason for departing from the former judgment. 

As to the claim for the residual value of its tracks and equipment which had 
to be taken up and replaced as a result of the widening of the railway " cut," 
the applicant is entitled to succeed. The failure to allow this in the former 
judgment was due solely to the fact that it was overlooked when the former 



60 



judgment was written. In addition the applicant presents a claim which in no 
way involves a variation of the former judgment but is really a new substantive 
claim. This claim reads: — 

" In regard to the disallowance of the applicant's claim to recover the 
cost of the special works constructed at the corner of Barton street and 
Birch avenue, the applicant asks leave to substitute for this item a claim 
for the residual value and cost of removal of its tracks and equipment on 
Stuart street which had to be abandoned as a result of the reconstruction 
and lengthening of the said new bridge, and submits that the said Order 
No. 49488 be amended and varied accordingly." 
The Canadian National Railways agreed that the claim should be dealt with 
in the present proceeding. 

On the former hearing it appeared from the evidence that the applicant had 
a line of railway running north and south along James street with a branch run- 
ning west on Stuart street to the old station of the Canadian National Railways. 
When the portion of Stuart street between James street and McNab, the first 
street to the west, was removed by the excavation for the new station and its 
facilities temporary connection was made with the line at McNab street by carry- 
ing a line from a point on James street, south of the old connection, across private 
property of the Canadian National Railways. 

On the former hearing the applicant was allowed for the loss of its line on 
Stuart street between James and McNab streets and for the temporary connec- 
tion, but no claim was made for any loss in connection with the line along Stuart 
street from McNab street to the old Canadian National Railways' station, a 
distance of about 1,800 feet, which was in no way interfered with by the excava- 
tion of the Canadian National Railways. 

In his evidence on the former hearing, Mr. Waller, the manager of the 
applicant, referring to the portion of the line here in question, said: — 

" We have not charged for the taking up of any track, which would 
be about $5,000 yet. That is not included in the bill." 
However, having failed on the former hearing in its claim for the cost of certain 
special works constructed at the corner of Barton street and Birch avenue, the 
applicant now asks " to substitute for this item a claim for residual value and 
cost of removal of its tracks and equipment on Stuart street." 

It is evident from the above statement of the facts that the applicant at the 
time the former application was heard had no intention of making any such claim 
as it now puts forward and for the very obvious reason that it was well aware 
that it had suffered no damages. At the time of the previous hearing the track 
had not been torn up, nor has this yet been done. The applicant was, conse- 
quently, in as good a position at that time to make its present claim as it now is. 
In the notes of the former hearing at page 95 Mr. Waller was asked: — 

Q. W T hat was the purpose of that line? — A. To serve the old Cana- 
dian National Railway station and some industries at the end of the line. 
Q. Was that the purpose of the tracks from James street along Stuart 
in a westerly direction, was it? — A. Yes. 
Q. To serve the Canadian National station as it existed prior to 
reconstruction? — A. Right. 

Q. Why would you desire to continue to operate along Stuart street, 
had it anything to do with the new station? — A. Yes to take care of the 
traffic originating at the old station. 

Q. And as soon as the new station was in existence what happened 
to the temporary track which had been placed on Canadian National Rail- 
way right of way? — A. It was taken up. 
In the answer to the last question you have the complete answer to this 
application. 



61 



When the old station of the Canadian National Railways was abandoned 
and the new station opened the applicant's track from James street west to the 
old station became valueless and was abandoned. Mr. Waller said that in giving 
a five minute service from James street to the old Canadian National Railways' 
station the applicant operated about 200 car miles per day at a cost of 26 to 27 
cents per car mile. It thus appears that the applicant has been benefited to 
the tune of over fifty dollars a day by the removal of the station to its present 
site and the abandonment of the line on Stuart street. 

The only claim for damages against the Canadian National Railways that 
the applicant ever had was for the destruction of its track and right of way 
from James street to McNab street and the expense of providing a connection 
to take their place. This was done and under the judgment on the previous hear- 
ing the applicant is entitled to payment in full for all expenses involved in the 
change. Had the applicant continued to operate this track the only additional 
claim it possibly could have against the Canadian National Railways would be 
the expense that it might be put to in procuring the new right of way from James 
street to McNab street. This it does not require as the road has been abandoned. 

The application will be dismissed. 

May 27, 1933. 

Commissioner Norris concurred. 



ORDER No. 49935 

In the matter of the application of the Hamilton Street Railway Company for 
leave to substitute for its claim to recover the cost of the special works 
constructed at the corner of Barton street and Birch avenue, a claim for 
the residual value, and cost of removal, of its tracks and equipment on 
Stuart street which had to be abandoned as the result of the reconstruc- 
tion and lengthening of the bridge on James street, Hamilton. 

File No. 23009.1 

Friday, the 2nd day of June, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 

Hon. T. C. Norris, Commissioner. 

Upon hearing the application at the sittings of the Board held at Hamil- 
ton, May 25, 1933, in the presence of Counsel for the Hamilton Street Railway 
Company, the City of Hamilton, and the Canadian National Railway Com- 
pany, and what was alleged — 

It is Ordered: that the application be, and it is hereby, dismissed. 

C. P. FULLERTON, 

Chief Commissioner. 



62 



ORDER No. 49936 

In the matter of the Order of the Board No. 49488, dated February 1, 1933, 
directing inter alia, that the Hamilton Street Railway Company be reim- 
bursed by the Canadian National Railway Company and the City of 
Hamilton for expenses incurred by the said Hamilton Street Railway 
Company in connection with the alteration of its facilities in the City of 
Hamilton ; 

And in the matter of the application of the Hamilton Street Railway Company 
for an Order reviewing or varying the said Order No. 49488 by providing 
that the company be reimbursed for the residual value of its tracks and 
equipment on the old bridge on James Street and the cost of the removal 
thereof; and also for the residual value of its tracks and equipment which 
were abandoned as a result of the widening of the railway " cut," neces- 
sitated by the construction of certain works which the Canadian National 
Railway Company was authorized to do under Order No. 40949, dated 
June 19, 1928; and for interest on sums which the said Hamilton Street 
Railway Company is entitled to recover. 

File No. 23009.1 
Tuesday, the 6th day of June, A.D. 1933. 
Hon. C. P. Fullerton, K.C., Chief Commissioner. 
Hon. T. C. Norms, Commissioner. 

Upon hearing the application at the sittings of the Board held at Hamilton, 
May 25, 1933, in the presence of Counsel for the Hamilton Street Railway Com- 
pany, the City of Hamilton, and the Canadian National Railway Company, and 
what was alleged — 

It is Ordered: 

1. That the application for reimbursement for residual value of the tracks 
and equipment on the old bridge on James street, and for the removal thereof, 

be dismissed. 

2. That reimbursement for the residual value of the tracks and equipment 
on James street which were abandoned as the result of the widening of the " cut " 
in making provision for additional facilities, and for the cost of removal, be 
allowed. 

3. That interest, at the rate of five per cent per annum, be allowed on such 
amounts as the Hamilton Street Railway Company is entitled to recover under 
this Order and Order No. 49488, dated February 1, 1933, from the date of expen- 
diture to the date of payment. 

4. That when the amount due the Hamilton Street Railway Company is 
ascertained it shall be recoverable from both the City of Hamilton and the 
Canadian National Railway Company. If the City and the Railway Company 
cannot agree on the apportionment as between themselves, either of them may 
apply to the Board. 

C. P. FULLERTON, 

Chief Commissioner. 



63 



Application of the Dominion Traffic Association, Toronto, Ont., for a declaration 
of the Board as to the legal rate on an import shipment of wine carried by 
the Canadian National Railways from Saint John, N.B., to Toronto, Ont., 
in April, 1930. 

File No. 35948.2 

JUDGMENT 

By the Board: 

Applicant asks for a declaration by the Board as to the rate legally applic- 
able on a less than carload shipment of three hogsheads of imported wine shipped 
from Saint John, N.B., on April 10, 1930, over the Canadian National Railways 
consigned to Toronto. The rate charged was $2.06 per 100 pounds, or double 
first class; applicant claims the charge should have been at first class rate of 
$1.03 per 100 pounds. 

The point in issue involves an interpretation of Canadian National Railways 
Tariff C.R.C. No. E-781 and supplements thereto as in effect on April 10, 1933, 
publishing rates on import merchandise from Saint John and other ports to 
stations in Eastern Canada. The tariff is governed, except as otherwise provided 
therein, by the Official Classification. Wine, in bulk in hogsheads, in the Official 
Classification is rated first class L.C.L. The tariff is in three sections. Section 1 
contains import class rates; sections 2 and 3 are headed "Import Commodity 
Rates." 

In section 2 there is a provision reading: "If the rates in section 1 or 3 of 
this tariff make a lower charge on any shipment than the rates in section 2 of 
this tariff, the rates in section 1 or 3 will be applied." This section then contains 
a long list of commodities and, opposite such commodities, three columns headed 
respectively "Rates to apply"; "Subject to maximum rate, in cents per 100 
pounds, named below to points of destination shown opposite shipping points 
indicated by symbol on pages 19 to 92 " ; " For specific rates see pages 95 to 
100." Among the commodities listed is an item reading: " Liquors, L.C.L., except 
ale and beer." Nothing appears opposite this item in the first two columns 
above named; in the third column, reference is made to Item 95, which is to be 
found in section 3, and which provides on Liquors, L.C.L. , double first class rate. 
Section 3 does not contain the above quoted provision as to alternative use of 
class or commodity rates. 

The position taken by the railway is set out as follows: — 

" The tariff covering the shipments referred to is C.N.R. 1-25, C.R.C. 
No. E-781, which is governed, except as otherwise provided in the tariff, 
by Official Classification No. 47, C.R.C. OC-47, supplements thereto, and 
reissues thereof, the effective issue at time of movement, April 10, 1930, 
being Official Classification No. 49, C.R.C. O.C.-49. This Classification 
provided for a rating of 1st class on wine, L.C.L., in bulk in barrels, as 
shown on page 481, Item No. 9, but, as pointed out above, the tariff is 
governed, except as otherwise provided in the tariff, by the Classification. 

" Item 95 and its reissue, Item 95-A, published in Supplement 26 
to C.N.R. Tariff 1-25, C.R.C. No. E-781, was an exception to the Classi- 
fication in the respect that it provided for double 1st class on liquors, 
L.C.L., except ale and beer. Section 3 in which this Item 95-A appears 
makes no provision for the alternative application of rates published in 
sections 1 and 2 of the tariff, which is an additional reason for our con- 
tention that double 1st class was properly applicable. 

" The items in section 3 are special individual commodity rates, which 
are fixed without relation to sections 1 and 2 of the tariff and are not 
governed thereby." 



64 



The contention of applicant is that in view of the quoted provision in sec- 
tion 2 and that liquors are listed therein, sections 2 and 3 require to be con- 
sidered as one section. 

The point for determination is whether the inclusion of this liquor item 
in section 2, even though it makes reference to an item in section 3, has the effect 
of providing rates on liquors within the provisions of section 2 as well as in section 
3 and section 1. We are of the opinion that it does. In the majority of cases, 
with respect to the items listed in section 2, the actual rates are not there shown, 
but merely a statement that 4th, 5th, 6th, etc., class rates apply and it is neces- 
sary to refer to section 1 to find the applicable rate in such cases. In the same 
way, for other commodities listed, it is necessary to refer to section 3 to find the 
rates applicable. In the case of liquor, section 2 refers the reader to section 3 
and, when that section is reached, it states in Item 95-A that the rates are double 
first class, which then necessitates turning to section 1 of the tariff to find the 
specific rate to a given destination. 

We consider that when, in section 2, which is headed " Import Commodity 
Rates," a commodity is listed, it is brought fully within the provisions of said 
section; that because it may be necessary to refer to section 1 or section 3 to 
ascertain the specific rates, this is merely to avoid the enlargement of the tariff 
that would be necessary to show all the individual rates applicable within section 
2 so as to make it complete in itself. In other words, when on alum, for example, 
it states 6th class rates apply, this has the effect of making all the 6th class rates 
a part of section 2, just as much as though they had been inserted therein. 
Similarly, when, on liquors, it refers to Item 95 on page 96, this has the same 
effect as reading and incorporating these rates into section 2. This is not an 
unusual method employed in tariff construction. 

This is our interpretation of the tariff, but, aside from this, if the manner 
of construction of section 2 was not intended to have the effect of bringing the 
rates on all the commodities therein listed within its provisions, then it would be 
clearly our opinion that this section was crudely drawn and sufficiently ambiguous 
in its wording and construction to create much doubt as to its proper meaning 
and interpretation, in which case, following precedent, we would hold that in the 
case of ambiguity, tariff provisions are to be construed in favour of the shipper 
and against the party responsible for having in effect a tariff so constructed as 
to leave room for much doubt as to its meaning. 

While the interpretation of the tariff here under consideration requires to 
be based on its own provisions and not what may be found in some other tariff, 
it does not seem altogether out of place to refer to the situation which would be 
created by giving effect to the position taken by the Canadian National Rail- 
ways concerning the interpretation of this tariff which it publishes containing 
rates on import merchandise from Saint John and other ports to stations on its 
line in Eastern Canada. The Canadian Pacific Railway publish a similar tariff 
of rates on import merchandise to its stations in Eastern Canada (C.R.C. No. 
E-4271). This tariff has only two sections, section 1 containing import class 
rates and section 2 import commodity rates. These liquors are listed in section 
2 as taking double first class rates L.C.L., but this section contains a provision 
reading: "If the rates in section 1 of this tariff make a lower charge on any 
shipment than the rates in section 2 of this tariff, the rates in section 1 will be 
applied. " Under the clear reading of this tariff as at the date the shipment here 
in question moved, the import rate on a L.C.L. shipment of liquor in hogsheads 
carried by the Canadian Pacific Railway from Saint John to Toronto was $1.03 
per 100 pounds, while the Canadian National Railways contend their rate on a 
similar shipment between the same points on the same date was $2.06 per 100 
pounds. This would be an absurd and indefensible rate situation, having also in 



65 



mind that the companies confer together and maintain a parity of rates on this 
import traffic. There is absolutely no question concerning the application of the 
first class rate, rather than double first, under the reading of the Canadian 
Pacific Railway tariff at this date, and the Board has record of shipments being 
so charged. 

Upon consideration of the submissions filed, and for the reasons herein set 
out, the Board declares that Canadian National Railways Tariff C.R.C. No. 
E-781 must be construed to make applicable a rate of $1.03 per 100 pounds on 
the shipment in question. 

Ottawa, Ont., June 5, 1933. 



ORDER No. 49937 

In the matter of the application of the Dominion Traffic Association, of Toronto, 
Ontario, for a declaration of the Board as to the legal rate on an import 
shipment of wine carried by the Canadian National Railways from Saint 
John, New Brunswick, to Toronto, Ontario, in April, 1930. 

File No. 35948.2 

Wednesday, the 7th day of June, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

Upon reading the submissions filed on behalf of the Applicant and the Rail- 
way Company — 

It is Declared that the Canadian National Railways' Tariff C.R.C. No. E-781 
must be construed to make applicable a rate of $1.03 per 100 pounds on the ship- 
ment in question. 

C. P. FULLERTON, 

Chief Commissioner. 



Application of The Ottawa Electric Railway Company for approval of Standard 
Passenger Tariff C.R.C. No. 16 and Special Passenger Tariff C.R.C. No. 17 
amending or supplementing the tariffs now in force within the City of 
Ottawa by providing for a ten-cent fare instead of a seven-cent cash fare, 
by eliminating the four for twenty- five cents tickets and seventeen for one 
dollar tickets, and by providing for a five-cent fare for a person fifty-one 
inches in height or under, effective August IS, 1933. 

(File No. 6949-2) 

JUDGMENT 

Fullerton, Chief Commissioner. 

Under the authority of an agreement entered into on the 25th January, 1924, 
between the City of Ottawa and The Ottawa Electric Railway Company, the 
latter on the 16th September, 1932, filed with the Board a tariff of fares to become 



66 



effective August 13, 1933, and applied to the Board for authority to charge such 
fares during the period of five years following said last mentioned date. 

The matter came on for hearing before the Board on the 18th, 19th and 22nd 
days of October last when some 960 folios of evidence were taken and 37 exhibits 
filed. Later, a short hearing was held on the 19th of May, 1933. 

Since the hearing the interested parties have been negotiating for a settle- 
ment and it was only on the 4th day of April, 1933, that we were notified that 
negotiations had failed. 

In order to make this application intelligible it will be necessary to give 
a short history of the company prior to the making of the agreement above 
referred to in 1924. 

By chapter 106 of the Statutes of Canada, 1866, a company was incorpor- 
ated under the name of the Ottawa City Passenger Railway Company for the 
purpose of constructing and operating street railways in the city of Ottawa and 
adjoining municipalities. 

In 1891 a company known as The Ottawa Electric Street Railway Company 
obtained permission from the city of Ottawa to operate a line of street railway 
by electricity in certain streets of the said city. 

By agreement dated June 28th, 1893, between the city of Ottawa and the 
two above-named companies, the two companies agreed to unite and amalgamate 
their business property, franchises and assets, and the city confirmed the auth- 
ority of the two companies to construct, maintain and operate lines of street 
railway upon and along the streets of Ottawa for a period of thirty years to be 
computed from the 13th day of August, 1893. The agreement provides that the 
city of Ottawa may, after giving at least six months' notice prior to the expira- 
tion of the said period of thirty years, assume the ownership of so much of the 
said railway as was situate in the province of Ontario on payment of the value 
thereof. In the event of the city not exercising its right at the end of thirty 
years, it may exercise such right at the expiration of any fifth year thereafter. 

By agreement dated the 26th March, 1894, between the Ottawa City Passen- 
ger Company and The Ottawa Electric Street Railway Company the former took 
over from the latter all its undertaking, franchises and privileges. 

By chapter 86 of 57-58 Victoria (Dom.) the agreement was confirmed, the 
name of the Ottawa City Passenger Railway Company changed to The Ottawa 
Electric Railway Company, its lines of street railway declared to be works for 
the general advantage of Canada and the company itself declared to be a body 
corporate subject to the legislative authority of the Parliament of Canada. 

At the expiration of the thirty-year period referred to in the agreement 
of the 28th of June, 1893, the city did not take over the said railway, but on 
the 25th of January, 1924, entered into an agreement with The Ottawa Elec- 
tric Railway Company, which was confirmed by chapter 84 of 14-15 Geo. V 
(Dom.), under which the company has since continued to operate the portion 
of the said railway described in clause 4 (c) of the agreement as follows: — 
" (1) the company's transportation system now or hereafter constructed 

or operated within the present limits of the city; 
" (2) that part of the company's lines outside the limits of the city that 

runs to Cloverdale avenue in Rockliffe Park, and 
" (3) upon such lines as are now or as may hereafter be constructed into 

the Central Experimental Farm; and 
" (4) the present lines of the company in the province of Quebec and as 
far as, but not including, Main street in the city of Hull. 
The agreement does not include the Britannia line from the city limits to 
Britannia Park and certain bus lines. By this agreement the fares were fixed 
and it was provided that such fares should not be altered until the 13th day of 
August, 1928. 



67 



By section 9 of the agreement one year before the end of any five-year 
period, the company may apply to the Board for an increase, or the city may 
apply for a decrease in the fares. 

In December 1927, pursuant to said section 9 the company filed with the 
Board a tariff of increased fares. The application for confirmation of the tariff 
was heard by the Board at considerable length and judgment given on the 
23rd of June, 1928, granting an increase in the fares. 

The judgment of the Board is reported in 34 C.R.C., p. 316. 
In considering the present application, it is necessary to pay particular 
attention to the provisions of section 9 (a) of the agreement which lays down 
the principles upon which the Board must act in fixing tariffs of fares. Sec- 
tion 9 (a) reads as follows: — 

" Should the company consider that the revenue to be derived from 
the operation of the part of its transportation system within the city 
limits, as they may be from time to time, and from the other lines men- 
tioned in sub-clause (c) of clause 4 hereof (hereinafter in this clause 
called ' the said part ') will be insufficient to provide during the five- 
year period next succeeding the five-year period then current, for the 
following items, viz., the cost of operating the said part and such por- 
tion of the cost of operating works in connection with the company's 
transportation system as is properly chargeable to the said part, and 
of maintaining and keeping up the same in an efficient condition, and of 
making proper provision for their depreciation, renewal and replace- 
ment, and for a just and reasonable return to the company on the capital 
investment in the said part and on such portion of the capital invest- 
ment in the said works as is properly chargeable to the said part, as 
such capital investments may be from time to time, the company may 
notify the city in writing not later than one year before the end of any 
five-year period, that it cannot profitably continue, after such period, 
the tariff of fares then in effect on the said part, and shall submit there- 
with a tariff of fares, and the tariff of fares to be effective during the 
next five-year period shall thereupon be open for discussion between 
the parties hereto." 
This section by implication authorizes the Board to fix such a tariff of 
fares as will produce a sum sufficient to provide: — 

1. Operating costs; 

2. Maintenance; 

3. Making proper provision for depreciation, renewal and replacement; 

4. Making a proper provision for a just and reasonable return to the com- 

pany on the capital investment as such capital investment may be 
from time to time. 

The accounts of the company relating to the part of its system within the 
contract and the part outside the contract were kept together, but the items 
relating to the part within the contract have been segregated by the company for 
the purposes of this application. 

The company filed as exhibits 8 and 38 statements of revenue and expenses 
for the years 1928 to 1932, which show in round figures the following: — 

TOTAL REVENUE 
1928 1929 1930 1931 1932 

$1,769,000.00 $1,823,000.00 $1,704,000.00 $1,587,000.00 $1,419,000.00 



OPERATING EXPENSES 
1928 1929 1930 1931 1932 

$1,235,000.00 $1,205,000.00 $1,177,000.00 $1,067,000.00 $ 967,812.00 



68 



DEPRECIATION 
1928 1929 1930 1931 1932 

$ 219,000.00 $ 236,000.00 $ 240,000.00 $ 251,000.00 $ 249,767.00 

DOMINION INCOME TAX 
1928 1929 1930 1931 1932 

$ 6,703.00 $ 13,405.00 $ 8,863.00 $ 17,549.00 $ 7,312.00 

Deducting operating expenses, depreciation and Dominion Income Tax as 
above from the total revenue, there remains for return upon capital the fol- 
lowing: — 

1928 1929 1930 1931 1932 

$ 308,000.00 $ 369,000.00 $ 269,000.00 $ 251,000.00 $ 194,264.00 

Exhibit No. 38 gives the revenue for the first four months of 1933 as $474,- 
622.04 and the operating expenses as $412,222.19. Contrasted with this are the 
revenues and operating expenses for the first four months of 1928-1932 as 
follows: — 

REVENUE 

1928 1929 1930 1931 1932 

$ 661,653.00 $ 706,587.00 $ 654,790.00 $ 608,791.00 $ 572,000.00 

OPERATING EXPENSES 
1928 1929 1930 1931 1932 

$ 535,848.00 $ 527,272.00 $ 519,458.00 $ 487,241.00 $ 446,061.00 

Now in the 1928 decision of the Board the following findings were made: — 

1. The capital investment of the company at December 31, 1927, upon which 
the return to the company was to be calculated was $6,152,725.36. 

2. The depreciation ratio was fixed at 4-11 per cent. 

3. A just and reasonable return to the company on capital investment was 
fixed at 7 per cent plus 2 per cent by way of surplus. 

When the question of fixing the amount of the capital investment was 
being considered, Mr. Tilley, who appeared for the city on the previous hear- 
ing, raised the point that the amount to the credit of the depreciation account 
should be deducted from the cost of the plant in order to arrive at the true 
amount of capital investment. 

On December 31, 1927, the amount to the credit of Depreciation Reserve 
stood at $1,400,000 and the capital cost was $6,152,725.36. 

The Board declined to give effect to Mr. Tilley's contention and fixed the 
last named amount as the capital investment. 

The first important matter then to determine is the meaning of the words 
" capital investment " as used in the contract. It is upon the " capital invest- 
ment " that the company is entitled to a just and reasonable return. 

The company claims that " capital investment " is synonymous with 
" capital cost." 

Starting with the figures $6,152,725.36, the alleged capital investment of 
the company on the 31st of December, 1927, as found by the Board on the 
previous hearing, it adds the capital additions for the years 1928-1931 together 
amounting to $226,957.45, making a total of $6,379,682.81, which it claims to be 
the capital investment upon which it is entitled to a reasonable return. 

The Board on the former hearing, in effect, held that " capital investment " 
as used in the contract means " capital cost," and that depreciation has no 
bearing on the question. I am unable to accept this decision and feel com- 
pelled to express by own view of the matter. 

Let us consider for a moment the object and purpose of requiring a depre- 
ciation account. 



69 



In Vol. 177, I.C.C. Rep. at p. 422, I find the following definition of depre- 
ciation: — 

" Depreciation is the loss in service value not restored by current 
maintenance and incurred in connection with the consumption or pros- 
pective retirement of property in the course of service from causes 
against which the carrier is not protected by insurance, which are known 
to be in current operation and whose effect can be forecast with a rea- 
sonable approach to accuracy." 

In the same report at p. 411 it is said that: — 

" The reservation from income for depreciation is equivalent each 
year to a partial return of principal, and with each such return the 
amount to be earned the next year as a fair return upon the principal 
diminishes proportionately." 

Again at p. 407 we find the following: — 

" It is not the new property which has been supplied through depre- 
ciation charges upon which we believe the company should have no 
return. It is rather the old property, or service capacity, which has been 
used up and which the new property has replaced." 
The purpose then of permitting depreciation is to compensate for prop- 
erty consumed in service. The company forecasts as best it can the loss of 
plant units by physical decay and provides in advance a fund known as the 
depreciation reserve. This must necessarily represent what percentage, in the 
judgment of the company,- of the several units service life has in fact been 
consumed. 

On the previous hearing Mr. Nash, a witness for the company, stated 
(Vol. 530, p. 2169) that the common practice fifteen years ago was to write 
off depreciation on each item each year and the book value of the items was 
thus decreased by the amount so written off. This was the practive followed 
in the early days of this company. Later on the company adopted the method 
of setting up a reserve. 

Asked what was the advantage of the later system he replied: — 

" It shows the amount provided for depreciation and I think per- 
haps even more to show the cost of your asset. In many cases the cost 
is desired and it is easier to get at it if you do not disturb it by deduct- 
ing something from it." 
The company keeps what it calls a plant ledger in which it enters from 
time to time what it considers the proper depreciation in connection with each 
unit. In this connection Mr. Burpee stated: — 

" In arriving at the depreciation, each item is considered. We have 
what we call our plant ledger in which every asset has a page and the 
history of it and the depreciation set up. to date, and from year to year 
the depreciation is dealt with on that sheet and the amounts set up for 
depreciation reserve after consideration of each asset as to its physical 
condition at the time." 
Exhibit No. 7 is the Investment statement of the company for the years 
1928-1931. Mr. Burpee stated in his evidence that these figures " show the 
cost only not an appraisal or any other system of arriving at the value." The 
total cost to the end of December, 1931, is shown as $6,379,682.81. 

Exhibit No. 17, however, shows that the company has a depreciation reserve 
of $2,671,659.39 for its whole system. The depreciation reserve for the inside 
lines is $2,438,756.17. This is the amount which the company set aside out of 

64732-2 



70 



revenue received by it to represent the use that has already been taken out of 
the property. It represents the useful life of the property that is gone. Under 
the old system of taking off depreciation from the several units each year no 
question could be raised because the capital investment account would then 
show the total amount paid for the property less the amount written off for 
depreciation, and would be equivalent in the present case to /the difference 
between the total capital cost less depreciation. 

Let me note again that the contract calls for a return upon the " capital 
investment " and not upon the " capital cost " nor upon " capital invested." 
The company has invested over six millions in the property but it has received 
back over two millions and, consequently, its investment can only be the 
difference between the two. 

The point may be illustrated thus: — . 

A company invests $6,000,000 in a plant. It is entitled to a return on its 
capital investment and a provision for replacement. Suppose five years after 
the company had started in business it had a fire which destroyed say 
$2,000,000 worth of plant and next day the question arose as to the amount 
of the company's capital investment, no one could successfully contend that 
it was $6,000,000. 

I find it impossible to distinguish between reduction in capital investment 
caused by fire destroying a portion of the plant and reduction caused by wear 
and tear resulting in deterioration extending generally over the whole plant. 

The matter may be looked at in another way. Under the strict interpre- 
tation of the contract the money set apart for depreciation should be used only 
for the purpose for which it is intended. It is really held by the company in 
trust to be used only to restore property worn out, or impaired so as con- 
tinously to maintain it as nearly as practicable at the same line of efficiency. 

The witnesses for the company say that in calculating the yearly amount 
required for depreciation the company has adopted what is known as the 
straight line method of depreciation under which the annual depreciation 
charge is obtained by dividing the cost by the number of years of estimated 
service life. Thus, with a cost of $1,000 and a service life of ten years, the 
annual depreciation charge is $100. 

In addition to the straight line there is the sinking fund method under 
which the aggregate of the charges of the several years is less than the net- 
plant cost for the whole period because the proceeds of each year's charges 
are deemed to have been continuously invested at compound interest and the 
balance is assumed to be obtained from intqrest accumulations. 

There are also other recognized methods referred to in the reports. These 
are all cases in which rates were being fixed without regard to contract 

In the present case we have a contract which definitely settles the prin- 
ciples to be observed in arriving at the rate. 

The fare in the present case is to be sufficient during the five-yeair period 
to provide for, among other things: — 

Making proper provision for depreciation, renewal and replacement. 

The question under this provision simply is which amount must annually 
be set aside for the purposes mentioned. The company is entitled to demand 
that amount and no more. 

My own view is that as the depreciation reserve in the present case is 
provided for a specific purpose it should be used exclusively for that purpose, 
and that under a strict interpretation of the contract the fund should not be 
appropriated by the company to some other purpose, for example, the purchase 
of additional plant as has been done in this case — at least not during the five 
year period. 



71 



To comply with the contract the company should, in my opinion, follow in 
principle the sinking fund method and from time to time invest the money and 
give the city the benefit of interest accruals. Under this method the city 
would receive the benefit of interest accumulations whereas under the com- 
pany's method not only does the city lose this interest, but is asked to pay a 
return on the amount appropriated from the depreciation reserve for additional 
plant. 

For the reasons which I have given, I am forced to the conclusion that 
in determining the rate base so much of the depreciation reserve as has not 
been used for retirements or replacements should be subtracted from the 
capital cost of the company's property. 

Now, coming to the second finding of the Board in the 1928 judgment 
that a depreciation ratio of 4-11 is justifiable. Until 1917 no depreciation 
reserve account was kept but the company followed the old practice of deduc- 
ting what they considered a reasonable amount from the capital account. 

Between 1917 and December 31, 1931, $3,070,000 was set aside for depre- 
ciation reserve. During that period only $398,000 was charged to the depre- 
ciation account, so that there was at the end of 1931, according to exhibit No. 
17, the sum of $2,671,000 to the credit of the depreciation reserve. This 
amount, as I have pointed out above, is for the whole system. The depre- 
ciation reserve for the inside lines is $2,438,756.17. 

Now the capital expenditure up to December 31, 1931, according to exhibit 
No. 7 was $6,379,682.81. From this amount must be deducted $651,077.26 for 
property not subject to depreciation as shown on exhibit No. 25. 

It follows that the company has depreciable property which originally cost 
$5,728,605.55, for which it has provided a depreciation reserve of $2,438,756, or 
about 42j% per cent. 

Mr. Burpee, the manager of the company, questioned on the subject of 
depreciation, said: — - 

" Q. During the period between 1924 and 1928 how was the amount 
of your depreciation fixed? — A. The depreciation at that time was set 
aside by the directors at a flat amount, a round figure of $120,000, I think. 

" Q- I asked how it was arrived at? — A. It was arrived at by the 
directors setting aside a fixed amount. 

" Q. Did they do that without any advice from the general manager? 
— A. There had never been a serious consideration given to depreciation. 
" Q. Were you general manager at the time? — A. I was manager. 
" Q. Did the directors fix it without consultation with the manager? 
—A. Yes. 

" Q. So that you have no knowledge of how it was done? — A. No. 

" Q. Did they not consult you before they did it? — A. No. 
The city called Mr. A. S. Richey as a witness. He is an electrical engineer 
of wide experience practicing chiefly in connection with electric street railways. 
Mr. Richey has the following to say on the subject of depreciation: — 

Pp. 2790-2792: " What I want to point out is that the present balance 
in the depreciation reserve is 41-9 per cent of the total property invest- 
ment, and with relation to the depreciable property the present balance 
in the depreciation reserve is 46-9 per cent; in other words, considering 
that last statement, there is a balance at present in the depreciation reserve 
almost sufficient to replace to-morrow almost one-half of the total depreci- 
able property of the company. 

" What I am leading up to, if you want me to draw any conclusion 
is that I propose that the present annual allowance for depreciation is 
much larger than is required, and I believe it is shown by these figures 



72 



that it has accumulated now to the point where it is almost sufficient to 
replace one-half the entire depreciable property. An allowance of one- 
quarter of that amount has been criticised severely as being too great, 
and inasmuch as the proper replacements have been made I do not believe 
any man conversant with street railway operation in the United States or 
Canada would come into Ottawa and say that the property was not up 
to 100 per cent operating condition. Replacements have been made, and 
the property is in good condition, much better condition than perhaps the 
average property in any city of the same size in the United States. 

" The depreciation reserve, having functioned to that extent, which is 
on a seasoned property, not a new property — having functioned to the 
extent that it has kept the property up in the condition it is in now, good 
condition, and in addition to that having increased itself so that it now 
stands at 47 per cent of the total value of the depreciable property is in 
itself I think the very best argument, the very best reason, for saying that 
the depreciation allowance has been too great. 

" Now, one other thing will illustrate that Major Burpee's exhibit No. 
13, in which it looks as though he has put together all of the capital 
expenditures that he could think of to be made in the next five years — 
in fact I think in his testimony he said that was assuming good conditions 
— if you will add up the retirals which are included in that, the retirals 
added up there, you will notice on page 4 with regard to straight track 
there is $258,000, and on page 7 in connection with special work there is 
$85,000 and in connection with cars there is $280,000 and so on. If you 
take those figures you will find that he has assumed for the next five years, 
even doing all this — one-half of which I do not think is necessary — but 
even taking all this he is only withdrawing $750,000, and if he does not 
add anything in the next five years it would still stand at nearly $2,000,000; 
so that looking at it from these angles, and especially comparing it with 
3-89 last year's allowance and 4-11 which has been mentioned as what 
this Commission approved of four years ago, and the 4-41 shown on 
exhibit No. 24, and comparing that with the allowances made by com- 
panies and commissions in the United States, I believe that that allow- 
ance is very excessive, double what it ought to be, perhaps more than 
double what it ought to be until the depreciation reserve works itself down 
to something like a reasonable figure, which I would say would be 25 per 
cent of the depreciable property investment. That seems to me to be 
ample in a depreciation reserve, for an electric railway company. Until 
that has been worked down, I believe that a depreciation allowance 
annually of quite a little less than one-half the present would be ample. 

" If I am right in my exhibit No. 22, the retirals in the next five 
years will perhaps amount to not more than say $400,000. If you cut 
this depreciation allowance in two, to $125,000, that would amount to 
in five years $625,000 or 50 per cent more than is necessary to take care 
of the next five-year retirals. I believe it should be cut to more than 
that, because of the fact that in my opinion this balance as related to 
the total property investment and the investment in depreciable prop- 
erty is entirely too large." 

It will be noted that Mr. Richey says that the property is up to 100 per 
cent operating condition — much better condition than perhaps the average 
property in any city of the same size in the United States. 

Mr. Burpee says that the property is in good condition. 

Now there can be no doubt whatever that a great deal of wear and tear is 
taken up in maintenance and that the better a property is maintained the less 
the depreciation will be. 



73 



Mr. Burpee says that as long as a car is in operation all the repairs and 
the renewals of that car are taken care of by maintenance and that the same 
thing applies to the track. 

The property of the company has admittedly been maintained at a high 
standard of efficiency which, perhaps, accounts for the fact that since the depre- 
ciation account was first established in the year 1917 only $398,000 has been 
charged to it. It is evident that the maintenance account has been used to a 
very considerable extent to reduce depreciation. 

For the year 1931 there has been credited to the depreciation reserve 
$250,910.58, which is about 4-38 per cent of the depreciable property. 

Mr. Richey says that the amount put aside for depreciation during the 
last few years is entirely too large and that 25 per cent of the book value of 
the property would be ample reserve to be held at any time. He would cut the 
annual reserve allowance until the total reserves were down to 25 per cent. His 
opinion is that the annual reserve should be cut to $125,000 until the total 
is brought down to a figure in reasonable proportion to the total cost. 

As pointed out above the company only has depreciable assets costing 
$5,729,000, for which there was provided at the end of 1931 a depreciation 
reserve of $2,438,756, which was increased in 1932 by nearly $250,000. 

In his evidence Mr. Richey stated at p. 2793: — 

"I believe 25 per cent would be safe; I believe an electric railway 
is perfectly safe with a depreciation reserve as large as 25 per cent of 
its depreciable property." 

No witness called on behalf of the company has contradicted this statement. 

In my opinion, considering the splendid condition in which the property 
of the company has been maintained entirely too much has been set aside in 
past years for depreciation, and for the future this should be kept down to 
reasonable requirements. I would think that $150,000 a year for the next five 
years would be a sufficient amount. 

There is another finding of the Board in the judgment of 1928 with which 
I feel obliged to differ and that is the allowance of 2 per cent by way of surplus. 

In the judgment of the Board on the former hearing, 34 C.R.C. at p. 323, 
it is said: — 

" It is patent that the business which makes no provision for surplus 
is following an unwise policy. A surplus is an insurance fund which 
not only puts the business in a stronger position from the standpoint 
of necessary financing, but also assists in time of need, in the continuance 
of dividends. 

" In the Bell Telephone Case, in which decision was rendered April 
1, 1921 (11 B.R.C. 35), 27 C.R.C. 231, at p. 244, Mr. Hagenah, the 
expert for the city of Montreal, recognized a 4 per cent surplus as being 
desirable under normal circumstances. While he favoured 2 per cent 
in the case in question, as an emergency measure, he expressed the 
opinion that 4 per cent was not unreasonably large, and that it would 
be poor business and a bad course for the company to adopt and adver- 
tise to the public that it was paying in dividends every cent that it 
was earning over and above fixed charges. A surplus is a necessary fea- 
ture of a normal return on a properly organized business. In the pres- 
ent case a 2 per cent surplus does not err on the exorbitant side." 

In addition to allowing 7 per cent on the total capital cost the Board! 
allowed 2 per cent. 

64732-3 



74 



In an ordinary rate case a provision for a surplus might be justified but 
here we are bound by the provisions of the contract under which we are alone 
exercising jurisdiction. The contract makes ,ample provision for operating 
expenses, maintenance and depreciation, and then authorizes " a just and reason- 
able return on the capital investment." To allow anything beyond that would, 
it seems to me, be contrary to the terms of the contract. 

The question which has given me a great deal of concern is the percentage 
which will constitute " a reasonable return to the company on the capital invest- 
ment." It will be noted that the contract does not name any fixed percentage 
of return on capital investment, but leaves it to the discretion of the Board to 
determine what is " a reasonable return." 

Annual returns upon capital and enterprise like wages of employees, cost 
of maintenance and related expenses have materially decreased during the last 
few years. A rate of return upon capital invested in street railway lines which 
may have been proper a few years ago, no longer furnishes a safe criterion for 
the present or for the future. 

The general rule as to fair return has recently been stated by the Supreme 
Court of the United States in Bluefield Water Works v. Public Service Com- 
mission, 262 U.S. 679, at pp. 692-5:— 

" What annual rate will constitute just compensation depends upon 
many circumstances and must be determined by the exercise of a fair 
and enlightened judgment, having regard to all relevant facts. A public 
utility is entitled to such rates as will permit it to earn a return on the 
value of the property which it employs for the convenience of the public 
equal to that generally being made at the same time and in the same 
general part of the country on investments in other business undertakings 
which are attended by corresponding risks and uncertainties; but it has 
no constitutional right to profits such as are realized or anticipated in 
highly profitable enterprises or speculative ventures. The return should 
be reasonably sufficient to assure confidence in the financial soundness of 
the utility, and should be adequate, under efficient and economical 
management, to maintain and support its credit and enable it to raise 
money necessary for the proper discharge of its public duties. A rate of 
return may be reasonable at one time, and become too high or too low by 
changes affecting opportunities for investment, the money market, and 
business conditions generally 

" Investors take into account the result of past operations, especially 
in recent years, when determining the terms upon which they will invest 
in such an undertaking. Low, uncertain, or irregular income makes for 
low prices for the securities of the utility and higher rates of interest 
to be demanded by investors." 

In my opinion seven per cent is a reasonable return and I so find. 

Having indicated the principles upon which we should act in fixing thb 
tariff of fares, it is necessary now to determine the amount of revenue which 
the company should receive during the years 1933-1938 in order to satisfy the 
terms of its agreement with the city. To this end I first wish to show the 
results of an examination of the company's accounting as disclosed by its 
books. 



75 



For some weeks past the Board's Accountant, Mr. Swinney, has been making 
examination of these books and his report, a portion of which I incorporate 
a part of this opinion, reads as follows: — 

" The company segregated the investment between the system under 
agreement with the city and outside lines as follows: — 

System under Outside Total 

agreement lines Investment 

At Dec. 31, 1930 $6,321,660 21 $575,535 00 $6,897,195 21 

At Dec. 31, 1931.. ........ 6,379,682 81 537,659 21 6,917,342 02 



Dr. $ 58,022 60 $ 37,875 79 $ 20,146 81 



" In arriving at the amount of investment in the system under agree- 
ment upon which to calculate a return the company added to the amount 
of investment at January 1, 1931, one-half of the capital additions during 
the year and " working capital " which consisted of the balances in the 
following accounts at December 31, 1931: — 

Capital Investment at January 1, 1931 .. $6,321,660 21 

One half capital additions during the year 29,011 30 

Working capital 112,143 47 

Conductors' changes $ 11,126 32 

Ticket office changes .- 10,100 00 

General stores '. 80,578 00 

Bus stores 3,683 46 

Stationery stores 6,655 69 

$112,143 47 

$6,462,814 98 

" Examination of the accounting records indicates that the accounts 
should be: — 

System under Outside Total 

agreement lines Investment 

Capital investment at De- 
cember 31, 1931 $6,370,524 59 $546,817 43 $6,917,342 02 

Deduct one half capital addi- 
tions during the year.. .. 29,011 30 add 18,937 90 10,073 40 

$6,341,513 29 $565,755 33 $6,907,268 62 
and working capital . . .. 112,143 47 112,143 47 

$6,453,656 76 $565,755 33 $7,019,412 09 

" Included in the amount of $6,370,524.59 representing investment in 
system under agreement are the following amounts which should be 
eliminated. 

Non operating property .. .. $107,559 45 

Plant inventory 5 ; 000 00 

Track — $680 bonus to city 1930 not paid 680 00 

Car shops and barns $2,200 25 

Machinery and tools 94 80 

Rolling stock, cars 604 30 

$2,899 35 

Not paid for at Dec. 31, 1931, deduct half 1,449 68 

$114,689 13 

64732—3^ 



76 



" Included in the amount of $112,143.47 representing working capital 
are the following amounts which should also be eliminated: 

Material and supplies not paid for at December 31, 1931.. .. $ 3,117 42 

Conductors' changes 11,126 32 

Ticket office changes 10,100 00 

$24,343 74 

" iV on- operating property. 

" According to the statement furnished by the vice-president and man- 
ager of the company the following property included in the investment 
account is not used in the operation of the railway: — 



Land and office building at 248 Albert street $66,402 89 

Buildings at 136, 138, 140 Nelson street 9,175 21 

Land and building at 113 Holm wood avenue 6,372 89 

Tuck shop at Holland avenue 160 00 

Lots 38, 39, 40 Flora street North side 5,914 80 

Lots 39, 40 McLeod street south side 3,943 20 

Lots 223, 224 Grove avenue south side 1,314 40 

Lot 27A Rockcliffe, east side Cloverdale avenue 1,259 30 

Lots 10, 11, 13, 14, 15 Middle street south side 2,962 09 

Lots Victoria Park property 9,318 16 

Lots 2106, 2109 Byron avenue south 528 37 

Lot 2103 Huron avenue east 96 06 

Lot 2102 Holland avenue west 112 08 



$107,559 45 

" Plant inventory. 

" The company has included in its investment an amount of $5,000, 
designated as ' Plant inventory.' This item represents the cost to the 
company of two plant ledgers in which are maintained a record of its 
investment account and account ' Depreciation Reserve.' Surely it cannot 
be considered that the cost of this accounting record of the company is a 
proper charge to its investment account. It is, in fact, a sub-ledger in 
which is kept the record by classes and units of the investment in road 
and equipment supporting the total carried in the general ledger. There 
is no more reason to include the cost of compiling this record in the invest- 
ment account than there could be to include the cost of preparing the 
journal, posting the ledger and drawing off the monthly balances. As an 
indication that the inclusion of the amount of $5,000 in investment is 
illogical, attention is directed to two journal entries in December, 1930, 
at folio 163 by which the amounts of $877.14 and $75, totalling $952.14, 
were charged to ' Salaries, general office clerks ' and credited to ' Plant 
inventor ' for the purpose as explained ' to record cost of plant inventory 
on books in round figures at $5,000.' This action is rather unusual as in 
no other instance of record was the amount of the company's expenditure 
in road and equipment rounded out to even money, and if followed would 
defeat the purposes of accounting which are to correctly set forth the 
transactions as they have actually occurred. 

" Track. 

" Included in the amount of investment at January 31, 1931, was an 
amount of $680 charged to account * Track ' by journal entry of December, 
1930, at folio 173. This amount represents a bonus to the city to cover 
additional paving during 1930. To date the amount has not been paid to 
the city of Ottawa and is included in the balance of account ' Reserve for 
contingencies ' together with mileage assessments which are unpaid and 
in litigation. 



77 



" Car shops and barns; Machinery and tools; Rolling stock — Cars. 

" Included in the amount of investment at December 31, 1931, was an 
amount of $2,899.35 made up as follows: — 

Remodelling 56 comerford window locks including 



the making up and installing of locking devices.. $ 603 15 

Four per cent sales tax on new material 1 15 

Rolling stock-cars $ 604 30 

Dismantling Albert street car barn, stores building, 

Conductors' room .. .. $1,499 20 

Four per cent sales tax on new material 25 30 

Building office in coach garage as per instructions.. 661 90 

Four per cent sales tax on new material 13 86 

Car shops and barns $2,200 25 

Making up pattern for switch box as per instructions. 91 15 

Four per cent Government sales tax 3 65 

Machinery and tools 94 80 

Total $2,899 35 



" These amounts were included in and paid for through the medium 
of voucher No. 32449 dated January 10, 1932. 

" As one-half of the amount of the capital additions during the year 
was deducted by the company to arrive at the average investment for the 
year, one-half of $2,899.35, or $1,449.68, is eliminated from the investment. 

"Material and supplies not paid for at December 31, 1931. 

"By journal entry at folio 93, December 31, 1931, 'Inventory stores — 
general/ $2,001.74 and - Inventory stores — buses/ $1,115.68 were charged 
and ' accounts payable ' credited $3,117.42 1 for stores received at Cham- 
pagne stores and bus stores recorded in stores ledgers at date but not in 
general ledger.' 

" The articles were paid for in January, 1932, and the above referred 
to entry reversed in the accounts for February, 1932. 

" It was the practice of the company during the other months of the 
year to debit stores at the time payments were made by the distribution 
of vouchers. For this reason and the fact that the articles were not paid 
for at December 31, 1931, the amount has been eliminated. 

" Conductors' changes; Ticket office changes. 

" Included in the amount of $112,143.47, ' Working capital ' is an 
amount of $21,226.32 representing 1 Conductors' and ticket office changes.' 

" Conductors' and agents' deposits for ticket sales are on a current 
basis and in the form of purchases of additional tickets. The sales of 
tickets represent payments in advance and permits the company to have 
the use of the car riders' money until such time as the tickets are used. 
Cash fare collections are current transactions. 

" The expenditures of the company are on a credit basis that ranges 
from a few days to a month or more from the time the expenses are 
incurred until the amounts are paid. 

" On the liability side of the company's balance sheet at December 31, 
1931, under the heading of 'Reserves' was an amount of $56,587.26 
described as ' Unredeemed tickets and general.' Of this amount $50,000 



78 



is provided for unredeemed tickets and the remainder of $6,587.26 repre- 
sents adjustments of taxes. By this reserve it is apparent the company 
acknowledged a liability and that the car riders had purchased tickets 
which had not been used. The company was, therefore, deriving the 
benefit of the use of this money without interest to it. 

" In view of the fact that the car riders pay either at the time of their 
ride or in advance if tickets are purchased and the company pays its 
expenses a few days or a month or more after they are incurred seems to 
preclude the necessity of providing any working capital in the form of 
cash. 

" If the amount were allowed it would, in effect, penalize the car 
riders for the use by the company of the car riders' money. 

"Depreciation Reserve at December 31, 1930. 

11 As referred to hereinbefore the records of the company indicate that 
at December 31, 1930, the balance in account " Reserve for depreciation" 
applicable to the system under agreement was $2,252,411.06. Included 
in this amount was $20,977.28, representing the amount applicable to 
non-operating property. Deducting $20,977.28 from $2,252,411.06 results 
in an amount of $2,231,433.78, representing the balance in account 
_ Reserve for depreciation" applicable to the operating property included 
in the portion of the system under, the agreement. 

" It is proper to reduce the average investment and working capital 
by the amounts of $2,231,433.78, representing the balance in account 
" Reserve for depreciation " at December 31, 1930, applicable to oper- 
ating property included in the portion of the system under agreement 
and by $114,440.86 the average depreciation accruals during the year of 
1931 arrived at by taking one-half of the annual depreciation charged 
to income and credited to reserve minus one-twenty-fourth of the annual 
depreciation. 

" After deducting these amounts the corrected total upon which a 
return should be computed is $3,968,749.25." 

No evidence in regard to 1932 depreciation was given at the hearing. We 
know, however, that $263,859.91 was set aside for depreciation, and, from a 
statement submitted by the company to Mr. Swinney, we know that the depre- 
ciation reserve account for the whole system was increased by the net amount 
of $185,441.10 in that year. Assuming that the same principles of accounting 
are continued to the end of the present period as were followed during the year 
1931, it is probable that the amount upon which the return should be com- 
puted at the beginning of the next five year period will be approximately 
$300,000 less than it was at December 31, 1931. This would give $3,668,749.25. 

We must next consider the estimated capital expenditures for the five-year 
period 1933-1938. Exhibit No. 13 filed by the company shows the estimated 
capital expenditure for this period as $748,066.74. This exhibit gives the details 
of track renewals which the company may be called upon to do showing 
$95,931.92 for straight track renewals and $44,248.94 for special track work. 
The latter work Mr. Burpee says must be done, but whether the balance of the 
work will be done is problematical. 

It is customary for the company to renew its steel rails and tracks at the 
time the city replaces the pavements. Mr. Lionel Hunter, in charge of con- 
struction of pavements and sidewalks for the city, went over the several items 
on this Exhibit and his evidence is that the pavements on many of the streets 
named would not be done within the five-year period. 

Mr. Richey agrees with Mr. Burpee as to the amount required for special 
track work, but thinks $48,000 sufficient to cover straight track renewals. 



79 



The largest item in Exhibit No. 13 is $310,642.32 for replacing 29 passenger 
cars. The total cost of the new cars is placed at $590,904 from which 
$280,261.68, the cost of the old cars, is deducted. Mr. Burpee in his evidence 
said: — 

" We will probably need the whole thirty. The present cars are not 
of the modern type. They are more or less obsolete in design. They are 
not interchangeable with others. They cannot be used for one-man 
operation and recently I have had several of them opened up and found 
they are almost completely rotten underneath the sheeting. They are on 
the average, I would say, twenty to twenty-five years old; most of them 
being over twenty-two years of age." 

Mr. Richey, on the other hand, agrees that six of the 29 cars should be 
scrapped and says that, if the service requires it, that six additional cars should 
be bought. As to the remaining 23 cars, he says they ought to be and could 
economically be operated for six or seven years longer. 

Now the company has in all about 140 passenger cars. In the winter of 
1925-26 it took 113, and in the winter of 1929-30, 109 cars to handle the total 
service, while in 1932 only from 90 to 91 cars were used. 

Mr. Richey estimates for the replacement of six cars the sum of $47,370 
net addition. 

With all the extra cars available and the smaller number of passengers 
travelling, I have grave doubts if even these six will be replaced in the next 
five-year period. 

The other important items in exhibit No. 13 are $44,628.84 for snow equip- 
ment and $27,614.72 for buses. Mr. Burpee in his evidence, speaking of snow 
equipment, says that the portion of this intended to be scrapped was " among the 
early sweepers and will certainly have to be replaced very shortly. I think 
some of them are from as. far back as 1909. The same thing applies to wing 
ploughs. They were old passenger cars which had been converted into wing 
ploughs hand operated and so on, and are more or less obsolete." 

Now the largest item of snow equipment is 30 one-ton Ford snow trucks 
estimated to cost $31,860. Mr. Burpee says the old trucks were purchased as 
far back as 1918 and have been used in the winter months for hauling snow off 
the streets. 

Mr. Richey in his evidence points out that the snow equipment is used 
only for a very short time each year and he thinks for replacement that two- 
thirds of Mr. Burpee's figure, namely $30,000, would be sufficient. 

With regard to buses: Mr. Burpee says that some of these are already 
seven years old but they are all now working. 

Mr. Richey says that there is a difference of two or three years in the 
ages of the eldest and the youngest ones. He was given by Mr. Burpee the 
total mileage which had been operated by each individual bus and he states that 
the minimum mileage was 143,585 and the maximum 214,256. In his opinion 
these buses will give service up to 300,000 or 400,000 miles. He further states 
that out of the 11 buses there are only seven in daily operation, one of which 
is used occasionally for school children. Mr. Richey thinks that at the out- 
side not more than five buses will have to be replaced and for these five he 
allows the sum of $12,500. 

Mr. Richey estimates that $357,120 will cover the capital additions. While 
some of the equipment may be somewhat obsolete, I am satisfied that as long as 
present conditions last the company will make every endeavour to carry on 
with the old equipment. I think that if the actual amount of the Somerset 
Street bridge and 70 per cent of the remainder of the company's estimate were 
allowed for capital additions it would prove to be sufficient. 



80 



The company's estimates were as follows: — 

Retire Old Add New Net 

$775,426 80 $1,523,493 54 $748,066 74 

Deducting actual amount for Somerset Street bridge : — 

$775,426 80 $1,523,493 54 $748,066 74 

121,241 65 121,241 65 

$775,426 80 $1,402,251 89 $626,825 09 

Calculating 70 per cent of these amounts: — 

$542,798 76 $ 981,576 32 $438,777 56 

One-half of the last named amounts to arrive at the average over the five-year 
period : — 

$271,399 38 $ 490,788 16 $219,388 78 

Add Somerset Street bridge 121,241 65 $121,241 65 

$271,399 38 $ 612,029 81 $340,630 43 

Add new investment amounting to $612,029 81 

Deduct one-half of the accrued depreciation of $150,000 

per year for 5 years (one-half of $750,000) 375,000 00 

Net increase in investment and working capital $237,029 81 



Adding $237,029.81 to $3,668,749.25, estimated as the amount at the begin- 
ning of the period upon which the return should be calculated, results 
in $3,905,779.06. 

Seven per cent of $3,905,779.06 is $273,404.53. 

The most difficult problem of all remains to be determined: What tariff 
of fares will produce the required revenue? The uncertain factors are: — 

(1) The number of passengers that may be expected to travel; 

(2) The effect of an increased fare in reducing the number of passengers. 

(3) The amount of investment. 

At the hearing the company filed as exhibit No. 16 an estimate of the 
probable number of passengers that would be carried and of the return anti- 
cipated for the five-year period 1933-1938. Assuming a fare of 10 cents for 
adults and 5 cents for children, the estimate reads in part as follows: — 

" The passengers carried in the inside lines in 1927 were, 

approximately 34,500,000 

" The passengers carried in the inside lines in 1931 were, 

approximately 25,000,000 

"A decrease of 9,500,000" 

a percentage decrease of approximately 27 per cent for four years. The first 
9 months of 1932 shows a further decrease of approximately 2,000,000 
passengers. 

Assuming the decrease in the passengers during the next five-year period 
is 30 per cent below the 1931 figure the result would be: 17,500,000 annually. 

An examination of the different fare paying passengers, carried by the 
company during the month of August, 1932, revealed that there might be 
approximately 97 per cent full fare paying passengers and 3 per cent at the 
reduced rate. 



81 



To summarize the above, the results are as follows: — 

" A decrease of 30 per cent in passengers— 17,500,000 x 97% x 10c. . 1,697,500 00 

17,500,000 x 3% x 5c. 26,250 00' 

1,723,750 00" 

The revenue of the company from inside lines during the years 1928 to 
1932 is as follows: — 

1928 1929 1930 1931 1982 

$1,769,000.00 $1,823,000.00 $1,704,000.00 $1,587,000.00 $1,419,000.00 

The revenue for the first four months of 1933 was $474,622 for the system, 
or at the rate of $1,424,000 for the year. The remaining eight months, however, 
will probably not show so large a return as I understand that the first four 
months are usually better than the last eight. Moreover, if the fares are 
increased, one must look for a certain decrease in revenue as the evidence estab- 
lished that every time the fare is increased a certain number of passengers is 
lost. 

Mr. Burpee in his evidence said that the inauguration of a ten cent fare, 
which is the one asked for by the company, would probably mean a 30 per 
cent drop in passenger traffic. In 1927 the company carried 34,000,000 pas- 
sengers and in 1931 only 25,000,000. Mr. Burpee in his estimate takes 30 
per cent off the figure for 1931 and thereby arrives at 17,500,000 as the prob- 
able number of passengers that will be carried in each of the years 1933-1937. 

Mr. Richey, the expert called by the city, speaking in October, 1932, 
expressed the opinion that we had reached the bottom of the depression and 
were on our way back. Consequently, he takes the 1931 figures, 25,000,000, 
as typical of the future five-year period. 

On the basis of a variation of the present tariff by the substitution of a 
ten cent fare and the abandonment of 17 tickets for $1, he has prepared 
exhibit No. 29, an estimate showing $1,652,000 as the probable revenue for 
each year of the five-year period. 

The above is all the evidence we have bearing on the probable number 
of passengers that will be carried during the 1933-1938 period. The company 
estimates 17,500,000 per year and the city 25,000,000. 

One guess is perhaps as good as another because after all the question 
is largely one of guesswork. No one can say with any certainty what the 
future will bring forth. The witnesses in the 1927 hearing had to figure in the 
role of minor prophets but none of them made much of a success of 
it. In normal times it is not easy to fix with any degree of accuracy the 
probable number of passengers that will be carried in future years. Under 
present conditions the task is almost insuperable. Everything depends upon 
world conditions. Present indications undoubtedly point to economic recovery, 
but the future is most uncertain. 

The way I propose to deal with the matter is to take a figure between 
the estimates put forward by the Company and the city respectively, although 
somewhat nearer the company's estimate. I regard the company's estimate as 
more nearly accurate because the returns for the first four months of 1933 
indicate a sharp decline in passenger traffic and also because the increase of 
fares which we are obliged to give will itself have the effect of reducing the 
number of passengers that will be carried. The estimate I make is 19,395,416 
per year for the five-year period. 

The estimate is arrived at in the following way: For the first four months 
of 1931 there were 9,421,273 passengers carried. For the first four months 
of 1933 there were 7,256,142, a decrease of 22-98 per cent. The total number 
of passengers for the year 1931 was 25,182,311. Reducing this number by 



82 



22-98 per cent gives 19,395,416 as the probable number of passengers for the 
year 1933. This figure I propose to take as the yearly average number of 
passengers for the five-year period 1933-1938. 

The tariff of fares which I would adopt in substitution for the present 
tariff is the following: — 



Between the Hours of Six O'Clock A.M. and Twelve O'Clock Midnight 

CASH FARES 

Persons over 51 inches in height 10 cents 

Persons 51 inches and under in height 5 cents 



TICKET FARES 

Persons over 51 inches in height 2 tickets for 15 cents 

Persons 51 inches and under in height 7 tickets for 25 cents 

School children, certified in writing to the company to be 

under the age of 14 years, by their teacher in a public 

or separate school, or collegiate institute, or any such 

private schools as may be recognized by the company, 

and to be in attendance at such schools; good only 

between the hours of 7 o'clock a.m. and 5 o'clock p.m.. 14 trips for 50 cents 

Between the hours of 12 o'clock midnight and 6 o'clock 

a.m. All persons 10 cents 

Applying the percentage of the total applicable to each class of fare dur- 
ing the first four months of 1933 the following results are obtained: — 

Percentage 

10 cents straight— Adults ) 1-90 $ 16,583 09 

5 cents straight — Children ) 

Tickets— Adults 96-23 1,399,815 68 

Tickets— Children 1-87 12,953 36 

$1,429,352 13 

Letter Carriers, Special Cars, etc 20,230 65 

$1,449,582 78 

Under the agreement it is the duty of the Board under section 9 (a) to 
authorize such tariffs as will produce a sum sufficient to provide: — 

(1) Operating costs and the cost of keeping up the transportation system 
in an efficient manner; 

(2) Making proper provision for its depreciation, renewal and replacement; 

(3) A just and reasonable return to the company of the capital investment. 

First, as to operating expenses and maintenance: Between 1922 and 1933 
they have ranged from a peak of $1,373,000 in 1927 to a low of $967,812.00 in 
1932. Since 1927 they have been going down every year following the decrease 
in revenue. I think $1,000,000 is a reasonable sum to allow for the average yearly 
operating and maintenance expenses and taxes. 

The amount of revenue, therefore, required annually for the five-year 
period 1933-1938 is:— 

Operating costs and maintenance $1,000,000 00 

Depreciation 150,000 00 

Return on investment.. .. , . 273,404 53 

$1,423,404 53 

If my estimates turn out to be accurate the tariff of fares above men- 
tioned will produce $26,178.25 in excess of the requirements of the company. 



83 



This is equivalent to only 349,043 passengers, or 1-8 per cent of the total 
estimated passengers. 

In dealing with estimates applicable to a period terminating so far in the 
future and with such probabilities of changing conditions throughout the inter- 
val, numerous situations and events are certain to alter the results. I do not 
believe a smaller margin should be considered. 

I would direct that the company file a tariff of fares, effective August 13, 
1933, in line with the tariff above set out. 
Ottawa, June 6, 1933. 

The Deputy Chief Commissioner and Commissioners Norris and Stone 
concurred. 

McLean, Assistant Chief Commissioner: 

The Chief Commissioner in his reasons for judgment holds that there is a 
difference between capital investment and capital cost. He sets out that the 
Board in its decision rendered in 1928 — " in effect held that capital investment 
as used in the contract means capital cost, and that depreciation had no bearing 
on the question;" and he states that he is unable to accept this position. This is 
a ruling that the depreciation reserve shall not be part of the basis on which 
return is necessary and is to be computed. 

I participated in the former judgment wherein the investment of the depre- 
ciation reserve in the plant was found justifiable involving a return thereon. I 
do not find in the present case such a changed condition of facts as to justify 
a change of opinion on the facts. At the same time, I recognize that fundament- 
ally what is involved in this connection is a ruling of the Chief Commissioner on 
a question of law, and that under section 12, subsection 2, of the Railway Act 
this ruling is final. 

The former decision in dealing with depreciation accepted the straight line 
system ; in the present case it is proposed that the sinking fund system should be 
used. At the hearing in the Telephone Case (see vol. 480, October 21, 1926, pp. 
14085 and 14810) , Dr. Maltbie, who appeared as an expert for the city of Toronto, 
and who is now Chairman of the Public Utility Board of New York State, and 
has had extensive experience in connection with public utility investigations, 
stated, that with conditions as they exist, it is difficult to apply the sinking fund 
system and keep it applied, carrying it out as it must be carried out logically, 
and that to do this at present is too much of a task to ask of a corporation to 
apply it thoroughly. Continuing he said: " Theoretically there is much to be 
said in favour of it. A very strong argument can be made for it theoretically, 
but it is extremely difficult to apply it directly, and the California Commission 
has had trouble all the time because the corporations did not apply it as they 
thought they ought to apply it." The Chief Commissioner is of opinion that 
the depreciation reserve is in effect held in trust for a specific purpose, and that 
to comply with the contract the company should follow in principle the sinking 
fund system and from time to time invest the money and give the City the 
benefit of interest accruals. 

I find no justification in point of fact which would justify me in changing 
my opinion on the facts. At the same time, I bow to the decision of the Chief 
Commissioner on the question of law. 

In the matter of depreciation a decrease in the annual contributions for the 
quinquennial period is recommended. It is reasonable to look at this matter from 
the standpoint of emergency, and. on this basis I agree. 

The former judgment recognized the justification of a 2 per cent surplus. 
Here again it seems to me that on the facts there is no justification in fact for a 
change, but, at the same time, the Chief Commissioner holds that there is a dis- 
tinction between the facts as applicable in an ordinary rate case and those 
applicable in the present wherein the Board is bound by the provisions of the 



84 



contract under which jurisdiction is exercised. He sets out that the contract makes 
ample provision for operating expenses, maintenance and depreciation, and then 
authorizes " a just and reasonable return from capital investment." The reasons 
for judgment continue — " to allow anything beyond that would, it seems to me, 
be contrary to the terms of the contract." Here again the decision of the Chief 
Commissioner on the question of law prevails. 

In respect of the recommendations as to rate adjustments as set out in the 
judgment of the Chief Commissioner, I am in agreement. 
June 7, 1933. 



ORDER No. 49943 

In the matter of the application of the Ottawa Electric Railway Company, 
hereinafter called the " Applicant Company," under Section 334 of the 
Railway Act, for approval of its Standard Passenger Tariff C.R.C. No. 
16, cancelling C.R.C. No. 14, effective August 13, 1933; also its Special 
Passenger Tariff C.R.C. No. 17, cancelling C.R.C. No. 15, effective 
August 13, 1933. 

File No. 6949.2 

Saturday, the 10th day of June, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

F. A. Labelle, Deputy Chief Commissioner. 
Hon. T. C. Norris, Commissioner. 

G. A. Stone, Commissioner. 

Upon hearing the application at the sittings of the Board held in Ottawa, 
October 18, 19, 21, and 22, 1932, and May 19, 1933, in the presence of counsel 
for the applicant company and the city of Ottawa, and what was alleged; and 
upon reading the written submissions filed — ■ 
It is Ordered: 

1. That the applicant company's said Standard Passenger Tariff C.R.C. 
No. 16, be, and it is hereby, approved; the said tariff, with a reference to this 
order, to be published in at least two consecutive weekly issues of the Canada 
Gazette. 

2. That section 1 of the applicant company's said Special Passenger Tariff 
C.R.C. No. 17 be amended, effective August 13, 1933, by substituting for the 
fares shown therein the following, namely: — 

Between the Hours of Six O'Clock A.M. and Twelve O'Clock Midnight 



CASH FARES 

Persons over 51 inches in height 10 cents 

Persons 51 inches and under in height 5 cents 

TICKET FARES 

Persons over 51 inches in height 2 tickets for 15 cents 

Persons 51 inches and under in height 7 tickets for 25 cents 



School children, certified in writing to the company to be under 
the age of 14 years, by their teacher in a public or separate 
school, or collegiate institute, or any such private schools 
as may be recognized by the company, and to be in attend- 
ance at such schools; good only between the hours of 7 

o'clock a.m. and 5 o'clock p.m 14 trips for 50 cents 

Between the Hours of 12 O'Clock Midnight and 6 O'Clock A.M. 

All persons 10 cents 

C. P. FULLERTON, 

Chief Commissioner. 



85 



ORDER No. 49894 

In the matter of the application of the Canadian National Railways, hereinafter 
called the " Applicants," for permission to cancel, upon less than statutory 
notice, an erroneous rate on bituminous coal from Toronto, Ontario, to 
Grafton, Ontario. 

File No. 27612.77 

Monday, the 29th day of May, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

Upon its appearing that, through printer's error, a rate of $1.10 per ton of 
2,000 pounds was published on bituminous coal from Toronto to Grafton, 
Ontario, in Supplements Nos. 60 and 64 to the applicants' Tariff C.R.C. No. 
E-1631,— 

It is ordered: That the applicants be, and they are hereby, permitted to 
publish and file, upon three days' notice, a supplement to Tariff C.R.C. No. 
E-1631 cancelling the said rate of $1.10 per ton of 2,000 pounds now published 
in Supplements Nos. 60 and 64 to the said tariff; and that a reference to this 
order be shown in such cancellation supplement. 

C. P. FULLERTON, 

Chief Commissioner. 



GENERAL ORDER No. 513 

In the matter of applications, under Section 348 of the Railway Act, for approval 
of the conditions limiting liability to be printed on free annual and trip 
transportation, and signed by the holder thereof, the said conditions being 
on file with the Board under file No. 1$6.1$. 

Thursday, the 1st day of June, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 
Hon. T. C. Norris, Commissioner. 
J. A. Stoneman, Commissioner. 
G. A. Stone, Commissioner. 

Upon reading the applications and what has been alleged in support 
thereof, — 

It is ordered: That the conditions on passes of the undermentioned com- 
panies, which are on file with the Board under file No. 496.43, whereby in each 
case the liability of the company is impaired, restricted, or limited, be, and the 
same are hereby, approved; the names of such companies being as follows: — 

Algoma Central and Hudson Bay Railway, 
British Columbia Electric Railway, 
Canadian Pacific Railway, 
Central Vermont Railway, 
Cumberland Coal and Railway, 
Dominion Atlantic Railway, 



86 



Esquimalt and Nanaimo Railway, 

Great Northern Railway, 

Hull Electric Company, 

Lake Erie and Northern Railway, 

London and Port Stanley Railway, 

Maritime Coal, Railway and Power Company, 

Michigan Central Railroad, 

Napierville Junction Railway, 

New York Central Railroad, 

Nipissing Central Railways, 

Northern Alberta Railways, 

Northern Pacific Railway, 

Pere Marquette Railway, 

Quebec Central Railway, 

Quebec Railway, Light and Power Company, 

Sydney and Louisburg Railway, 

Temiscouta Railway, 

Toronto, Hamilton and Buffalo Railway, 

Wabash Railway, 

White Pass and Yukon Route, 

Detroit and Windsor Subway Company — Detroit and Canada Tunnel 

Company, 
International Railway — 

Falls View Bridge, 

Queenston-Lewiston Bridge, 
Niagara Lower Arch Bridge Company. 

C. P. FULLERTON, 

Chief Commissioner. 



ACCIDENTS REPORTED TO THE OPERATING DEPARTMENT, 

BOARD OF RAILWAY COMMISSIONERS, FOR THE 

MONTH OF MARCH, 1933 

Railway accidents 123, with 13 persons killed and 127 injured. 

Railway accidents at highway crossings 13, with 5 persons killed and 17 injured. 

136 18 144 

Killed Injured 

Passengers 1 16 

Employees 1 95 

Others 16 33 

18 144 

DETAILS OF ACCIDENTS AT HIGHWAY CROSSINGS 

No. of 

Accidents Nova Scotia 

1 Automobile — Auto driver paid no attention when approaching crossing. N.S. 
licence 22647. 



87 



Ontario 

1 Automobile — Auto driver drove through gates in lowered position and ran into side 

of car. Ont. licence D-1238. 
1 Automobile — Auto driver's attention fixed on autos ahead. Ont. licence R-5713. 
1 Automobile — Auto driver approached crossing with his mind preoccupied. Ont. 

licence V-1374. 

1 Automobile — Excessive speed of auto. Ont. licence A-7553. 

1 Horse-drawn vehicle — Occupant of buggy failed to see or hear train. 

1 Pedestrian — Attempted to cross in front of train, slipped and fell. 

Quebec 

3 Automobiles — Auto drivers failed to stop for crossing. Quebec licences 113-977, 
33371, and 8891. 

Saskatchewan 

1 Automobile — Auto driver under influence of liquor. Sask. licence 6432. 
1 Pedestrian — Man went asleep lying across track. 

Alberta 

1 Auto truck — Truck driver failed to take any precautions approaching crossing. Alta. 
licence BT-1301. 

Of the thirteen accidents at highway crossings, ten occurred at unprotected 
crossings, and three at protected crossings. Ten of the accidents occurred during 
the daylight hours and three at night. 



Ottawa, June 1, 1933. 




ftfte Poarb of 

3Ratltuaj> Commts&tonera for Canatm 



Judgments, Orders, Regulations, and Rulings 



Vol. XXIII Ottawa, July 1, 1933 No. 8 



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should be sent, in every case, to the King's Printer, Ottawa, 




Complaint of St. Catharines Suburban Area Commission Re Approaches to 
3rd Overhead Bridge East of St. Catharines over the Canadian National 
Railways, Mileage 10.94 Grimsby Subdivision. 

(File No. 12113). 

JUDGMENT 

FULLERTON, CHIEF COMMISSIONER! 

The road from the city of St. Catharines to Welland crosses the Cana- 
dian National Railways by means of an overhead bridge between lots 16 and 
17, in the 8th concession of the township of Grantham. 

The bridge was originally of wooden construction. In 1909 it was recon- 
structed and raised 3-58 feet bringing it up to 22-6 feet above the base of the 
rail. This was authorized by an order of the Board, No. 8438, dated October 
21, 1909. 

In 1909 when the bridge was reconstructed the road was an unimportant 
side road with very light traffic. 

In 1917, under the Highway Improvement Act, it was made a county road, 
and in 1927 a suburban road under the jurisdiction of the St, Catharines 
Suburban Area Commission. 

In 1927 the road allowance, which is 30 feet wide, was paved with con- 
crete to a width of 18 feet. 

The railway crosses the road in a cut of about 12 feet. The plan shows 
that the north approach is about 250 feet long, the ground being comparatively 
level. The south approach is about 634 feet long, the ground falling rapidly 
in a southerly direction. 

The St. Catharines Suburban Area Commission wish to have repairs made 
to the approaches on the south side and ask that the Canadian National Rail- 
ways pay the cost of the same. 

89 

65467—1 



90 

There is no record of any complaint regarding the approaches to the bridge 
from the time they were constructed nearly eighty years ago until after the 
road was paved in 1927. The complaint now is that the approaches are too 
narrow for the present paved road and require to be widened to properly sup- 
port the pavement. The trouble is on the southern approach, and it appears 
that the water cuts down the side of the fill and undermines the pavement. 
Mr. Weir, the Companys Engineer, describes the condition as follows: — 

" Q. What condition is the roadway and the approaches in at the 
present time? — A. This is a concrete road with a curb on each side; an 
18 ft. concrete pavement, the curb extra on the outside. 

" Q. What condition are the approaches in; take the approaches 
on the east side for instance? — A. The fills on each side are narrow, so 
that the slope starts at the concrete pavement and goes down on a 1^ 
to 1 slope to the bottom of the gully. 
He suggests that the shoulders should be filled out five or six feet on each 
side and figures the cost at $2,600. 

There is little, if any, authority dealing directly with the liability of rail- 
ways to repair the approaches to overhead bridges. Under the English Act, 
Railway Clauses Act 1845 (8 Vict., Chap. 20), section 56, when the railway com- 
pany alters the level of a road an obligation is imposed upon it to see that it is 
restored to as good a condition as the same was in at the time when the same 
was first interfered with by the company." When once that is done there is 
no further duty to repair. West Lancashire v. Lancashire & Yorkshire Rail- 
way Company, 1903, 2 KB. 394. 

No such provision is contained in our Railway Act, but section 264 pro- 
vides that — 

" Every structure by which any railway is carried over or under 
any highway or by which any highway is carried over or under any 
railway, shall be so constructed, and, at all times, be so maintained, as 
to afford safe and adequate facilities for all traffic passing over, under 
or through such structure." 
Nor is there any specific provision in our Act dealing with the maintenance 
of the approaches to a bridge in cases where the road has to be raised to allow 
of its passing over the bridge. In such cases the Act does provide that the 
grade shall not, unless the Board otherwise orders, be greater than five per 
cent, and the Standard Regulations of the Board affecting Highway Crossings 
provide that a good and sufficient fence at least four feet six inches in height 
from the surface of the approach or structure shall be erected and maintained 
on each side of such approach and the structure connected with it. There is 
no statutory obligation upon the railway company to keep in repair the 
approaches to an overhead bridge across the railway. No doubt such a con- 
dition might be imposed by the Board under the provisions of section 256, but 
it has not been the practice of the Board so to do. 

The rule followed by the Board in such cases is that, apart from special 
circumstances, the municipality is responsible for the maintenance of its high- 
ways. There are no special circumstances in this case. As I have already 
pointed out, at the time the alterations were made in the elevation of the road 
here in question, it was an unimportant side road with very little traffic. The 
authorities in control of the road apparently accepted it with its altered eleva- 
tion as an entirely satisfactory road and for nearly eighty years have continued 
to maintain it The necessity for extraordinary expenditure upon it at the 
present time has been occasioned solely by the action of the Road authorities 
in converting it into a main road which by reason of the greatly increased traffic 
it was thought advisable to pave. 

The application will be dismissed. 

June 14, 1933. 

Commissioner Norris concurred. 



91 



ORDER No. 49960 

In the matter of the complaint of the St. Catharines Suburban Area Commis- 
sion, hereinafter called the " Applicant," regarding the approaches to 
overhead bridge carrying the highway over the tracks of the Canadian 
National Railways in the Township of Grantham, between St. Catharines 
and Merritton, mileage 10-94 Grimsby Subdivision. 

File No. 12113. 

Thursday, the 15th day of June, A.D. 1933. 
Hon. C. P. Fullerton, K.C., Chief Commissioner. 
Hon. T. C. Norris, Commissioner. 

Upon hearing the complaint at the sittings of the Board held at Hamilton, 
May 25, 1933, in the presence of counsel for the applicant and the railway com- 
pany, and what was alleged, — 

It is Ordered: That the -complaint be, and it is hereby, dismissed. 

C. P. FULLERTON, 

Chief Commissioner. 



Joint application of the Canadian National and the Canadian Pacific Railway 
Companies for an Order apportioning the cost of construction and main- 
tenance of the subways under their Brampton (C.N.R.) and Gait (C.P.R.) 
Subdivisions on Bloor Street and Royce Avenue, in the City of Toronto, 
as between the tico railways. 

File No. 32453 

Joint application of the Canadian National and the Canadian Pacific Railway 
Companies for an Order apportioning the cost of construction and main- 
tenance of the subway under the tracks of their Brampton and Gait Sub- 
divisions, on St. Clair Avenue, in the City of Toronto, as between the two 
railways. 

Case No. 1353 

JUDGMENT 

Fullerton, Chief Commissioner: 

This is a joint application by the Canadian National and the Canadian 
Pacific Railway Companies to apportion as between themselves the share of the 
cost of the construction and maintenance of subways at Bloor street, Royce 
avenue and St. Clair avenue placed on them by order of the Board. Bloor 
street, Royce avenue and St. Clair avenue cross the parallel lines of the two 
railways that run out of Toronto to the north and west. The Canadian Pacific 
Railway Company have the Gait Subdivision which is the main line running 
from Toronto to London. They have also the Toronto, Grey and Bruce Line 
running from Toronto to Sudbury. The Canadian National Railways have the 
Brampton Subdivision running from Toronto to Brampton and Guelph and on 
to Sarnia. 

At Bloor street the Canadian Pacific Railway Company have four tracks 
occupying, according to the map filed by that company, 65-125 feet of the barrel 
of the subway. The Canadian National Railways have two tracks and space 
for four future tracks, together occupying 93-55 feet. 

65467— \i 



92 



At Royce avenue the Canadian Pacific Railway Company have two main 
lines, two passenger platforms spanning the street, and one switching track, 
occupying together 76-46 feet of the barrel of the subway. The Canadian 
National Railways have two main tracks and provision for three future tracks, 
occupying in all 82-95 feet of the barrel of the subway. 

At St. Clair avenue the Canadian Pacific Railway Company have one main 
line and space for one future track, together occupying 34-86 feet. The Cana- 
dian National Railways have five tracks and space for at least three additional 
tracks, together occupying 109-87 feet. 

In the case of the latter subway the right of way occupied by the Canadian 
Pacific Railway belongs to the Canadian National Railways, and by agreement 
the Canadian Pacific Railway Company is to pay five per cent on the capital 
cost. 

With regard to the subway at St. Clair avenue, the Canadian National 
Railways raise a point which may as well be disposed of at once. The line of 
the Canadian Pacific Railway Company running over this subway formerly 
belonged to the Toronto, Grey and Bruce Railway Company and is now held 
by the Canadian Pacific Railway Company under lease. It is on property of 
the Canadian National Railways, formerly belonging to the Grand Trunk Rail- 
way Company. Under an agreement made between the Grand Trunk Railway 
Company and the Toronto, Grey and Bruce Railway Company, dated October 16, 
1875, the former gave to the latter the right to run their line between Weston 
Junction and the Queen Street Junction mainly parallel with the Grand Trunk 
line, upon certain terms and conditions in the said agreement set out. Para- 
graph 27 of the said agreement is as follows: — 

M That the Toronto, Grey and Bruce shall pay one-half of the cost 
of maintenance of all existing overhead bridges west of Queen street 
Junction on the said lines passed under by both companies' trains and 
shall bear and pay half the costs of all further overhead bridges which 
may be hereafter provided and under which the trains of both companies 
shall pass and the half also of the cost of the maintenance of all such 
during the continuance of this agreement, the word maintenance in this 
agreement in all cases covers and includes the cost of reconstruction as 
well as repairs." 

Under the provisions of this paragraph it is claimed by the Canadian 
National Railways that this subway is included in the expression " further over- 
head bridges " and, consequently, the Canadian Pacific Railway Company 
should pay half the cost of the same. 

I cannot give effect to this contention. The subway is not an overhead 
bridge within the meaning of this paragraph, nor do trains of both companies 
pass under it. 

Apart from this contention, the two railway companies take opposite views 
as to the formula which should be used in opportioning costs. The Canadian 
National Railways' contention is that the cost of the barrels of the subways 
should be distributed on the basis of the usable length of the barrel appropri- 
ated to the respective railways, but that the cost of the approaches should be 
divided equally. The Canadian Pacific Railway Company on the other hand 
take the position that the subway should be treated as a unit and the whole 
cost divided in proportion to the usable length of the barrel of the subway 
appropriated to the respective railways. 

No evidence was given by either party as to the relative importance of the 
traffic on the different lines and I must, therefore, assume that all the lines are 
of equal importance. I. can quite easily believe that the apportionment of costs 
in such a case as this might depend a great deal upon the importance of the 



93 



lines running over the subway, but in the absence of such evidence it appears 
to me that the only fair and equitable method by which to apportion the cost is 
the method put forward by the Canadian Pacific Railway Company. 

The theory that a distinction should be made in the apportionment of the 
cost of the barrel as distinguished from the approaches is based on the idea that 
if there were two separate subways each company would have to provide two 
approaches, and by reason of the fact that the two subways happen to be 
together in one subway each should pay half. This theory might work equitably 
in some cases, but I can easily imagine cases in which a division on this basis 
would be unfair to one of the parties. For example, an electric tramway 
parallels an important steam railway with numerous tracks. A division of costs 
on the basis ot each company paying half of the cost of the approaches would 
obviously be unfair to the tram line. Again, in such a case, no subway would 
probably ever have been constructed but for the presence of the steam line. The 
apportionment of cost on such a basis would also involve many difficulties in 
segregating the costs of the approaches from the cost of the barrel of the subway. 
For example, excavations for the subway barrel would cost more per yard than 
the excavations for the approaches. Again, there is the difficulty of segregating 
the damages to property attributable to the approaches and those attributable 
to the barrel of the subway. 

In the Brock avenue case to which we were referred, the Board apportioned 
the whole cost on a percentage basis. 

In the Queen Street overhead bridge case, there were three railways 
involved, each of them having one track. The apportionment was made on the 
basis of the relative importance of the several lines and no distinction between 
the approaches and the bridge itself was made. 

The cost of the three subways in question here will be apportioned between 
the two railways as follows: — 

At Bloor street and Royce avenue in proportion to the length of the barrel 
of the subway appropriated to the use of each. 

At St. Clair avenue the capital cost upon which the Canadian Pacific Rail- 
way Company shall pay interest is to be fixed in a similar manner. 
June 15, 1933. 

Commissioner Stoneman concurred. 



ORDER No. 49982 

In the matter of the joint application of the Canadian National and the Cana- 
dian Pacific Railway Companies for an Order apportioning the cost of 
constructing and maintaining the subways (a) under the tracks of the 
Gait Subdivision and the Toronto, Grey & Bruce Subdivision of the Can- 
adian Pacific Railway Company and the Brampton Subdivision of the 
Canadian National Railways at Bloor Street, Toronto; (b) under the 
tracks of the Gait Subdivision and the Toronto, Grey & Bruce Subdivision 
of the Canadian Pacific Railway Company and the Brampton Subdivision 
of the Canadian National Railways on Royce Avenue, Toronto; and (c) 
under the tracks of the Brampton Subdivision of the Canadian National 
Railways and under the tracks of the Canadian Pacific Railway Com- 
pany on St. Clair Avenue, Toronto, — as between the two Railway 
companies. 



94 



File No. 32453 and Case No. 1353. 

Friday, the 16th day of June, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 

J. A. Stoneman, Commissioner. 

Upon hearing the application at the sittings of the Board held in Toronto, 
June 9, 1933, in the presence of counsel for the Canadian Pacific and the Cana- 
dian National Railway Companies, and what was alleged, — 

It is Ordered: 

1. That the Canadian Pacific and the Canadian National Railway Com- 
panies' proportion of the cost of constructing and maintaining the said sub- 
ways at Bloor street and Royce avenue, Toronto, be apportioned in proportion 
to the length of the barrel of the subway appropriated to the use of each. 

2. That in connection with the Canadian Pacific Railway Company's pro- 
portion of the cost of constructing and maintaining the said subway at St. Clair 
avenue, Toronto, the capital cost upon which the Canadian Pacific Railway 
Company shall pay interest is to be fixed in a similar manner as provided by 
paragraph 1 hereof. 

C. P. FULLERTON, 

Chief Commissioner. 



Consideration of the question of the apportionment of cost of construction of 
the Interchange Tracks between the Canadian Pacific and Canadian 
National Railways at North Battleford, Saskatchewan, reserved by 
Order of the Board No. 45838, dated November 26, 1930. 

(File No. 6713.233) 

JUDGMENT 

Fullerton, Chief Commissioner: 

This is an application to apportion the cost of construction of interchange 
tracks between the Canadian Pacific and the Canadian National Railway Com- 
panies at North Battleford. The Order authorizing construction, No. 45838 dated 
November 26, 1930, reserves the question of the cost. 

A statement showing carload traffic interchanged during the period 
extending from January 26, 1931, to January 25, 1933, has been filed with the 
Board by the Canadian Pacific Railway Company and its correctness admit- 
ted by the Canadian National Railways. A study of this statement shows 
that the establishment of this interchange has resulted in loss of traffic to the 
Canadian National Railways with practically no compensating advantages. 

The Canadian Pacific Railway Company will pay the whole cost of the 
construction of the interchange. 

June 15, 1933. 

Commissioner Stoneman concurred. 



95 



ORDER No. 49983 

In the matter of the Order of the Board No. 45838, dated November 26, 1930, 
directing the Canadian Pacific Railway Company to construct inter- 
change tracks between its railway and the tracks of the Canadian 
National Railways at North Battleford, Saskatchewan, and reserving for 
further consideration the question of the cost of construction. 

File No. 6713.233. 

Friday, the 16th day of June, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 

J. A. Stoneman, Commissioner. 

Upon hearing the matter at the sittings of the Board held in North Battle- 
ford, October 8, 1931, in the 'presence of counsel for the railway companies, and 
what was alleged, the question to stand for one year from the opening of the 
interchange, and the companies to furnish the Board with statements of traffic 
and necessary information; and upon reading the written submissions filed, and 
the report and recommendation of the Assistant Chief Traffic Officer of the 
Board, concurred in by its Chief Engineer, — 

It is Ordered: That the Canadian Pacific Railway Company be, and it is 
hereby, directed to bear and pay the whole cost of constructing and maintaining 
the said interchange tracks at North Battleford, Saskatchewan. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 49970 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.14. 

Thursday, the 15th day of June, A.D. 1933. 
Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board Orders: 

1. That the tolls published in Tariff C.R.C. No. 691, filed by the Temis- 
couata Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and they are hereby, approved subject to the provisions of subsection 3 of 
section 3 of the said Act. 



96 



2. And the Board hereby certifies that, for the purpose of reimbursement, 
the Temiscouata Railway Company's proportion of tolls published in the said 
Tariff C.R.C. No. 691 are to be reported as shown in column 1 and normal tolls 
as shown in column 2, namely: — 



Via Route 1 
To 

Crabtree, Que 

Cornwall, Ont 

Donnacona, Que 

Grand Mere, Que 

Georgetown, Ont 

Hawkesbury, Ont 

La Tuque, Que 

Limoilou Junction, Que. 

Merritton, Ont 

Ottawa, Ont 

Thorold, Ont 

Shawinigan Falls, Que. 
Windsor Mills, Que. . . 





From 


Group 




A 




B 


C 




Cents per 100 pounds 




C olumn 


Column 


C olumn 


1 2 


1 




1 2 


5 6i 


7 


9 


5 6i 


k r> i 

? 


7 


9 


4 o 


5 6i 


7 


9 


5 ei 


5 U 


7 


9 


5 64 


5 64 
5 64 


7 


9 


44 5-i- 


7 


9 


5 64 


5 64 


7 


9 




5 64 


7 


9 


4 5 


5 64 


7 


9 


44 ft 


5 6i 


7 


9 


54 7 


5 6i 


7 


9 


44 54 


5 6^ 


7 


9 


5 64 


5 • 6| 


7 


9 





C. P. FULLERTON, 

C/iie/ Commissioner. 



ORDER No. 49971 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.14. 



Thursday, the 15th day of June, A.D. 1933. 
Hon. CP. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 
The Board Orders: 

1. That the toll published in Tariff C.R.C. No. 692, filed by the Temis- 
couata Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and it is hereby, approved subject to the provisions of subsection 3 of 
section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement on traffic moving under the said Tariff C.R.C. No. 692 is 2\ 
cents per 100 pounds. 



C. P. FULLERTON, 

life/ Commissioner. 



97 



ORDER No. 49972 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.14. 
Thursday, the 15th day of June, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board Orders: 

1. That the toll published in Tariff C.R.C. No. 693, filed by the Temis- 
couata Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and it is hereby, approved subject to the provisions of subsection 3 of 
section 3 of the said Act. - 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement on traffic moving under the said Tariff C.R.C. No. 693 is 4 cents 
per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 49973 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.14. 

Thursday, the 15th day of June, A.D. 1933. 
Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Com?nissioner. 
The Board Orders: 

1. That the toll published in Tariff C.R.C. No. 694, filed by the Temis- 
couata Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and it is hereby, approved subject to the provisions of subsection 3 of 
section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll to be used for the 
purpose of reimbursement on traffic moving under the said Tariff C.R.C. No. 694 
is 2^ cents per 100 pounds. 



C. P. FULLERTON, 

Chief Commissioner. 



98 



ORDER No. 49974 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.14. 

Thursday, the 15th day of June, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 
The Board Orders: 

1. That the toll published in Tariff C.R.C. No. 695, filed by the Temis- 
couata Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and it is hereby, approved subject to the provisions of subsection 3 of 
section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll to be used for the 
purpose of reimbursement on traffic moving under the said Tariff C.R.C. No. 
695 is 95 cents per cord. 

C. P. FULLERTON, 

Qhief Commissioner. 



ORDER No. 49975 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

.File No. 34822.14. 

Thursday, the 15th day of June, A.D. 1933. 
Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 
The Board Orders: 

1. That the toll published in Tariff C.R.C. No. 697, filed by the Temis- 
couata Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and it is hereby, approved subject to the provisions of subsection 3 of 
section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll to be used for the 
purpose of reimbursement on traffic moving under the said Tariff C.R.C. No. 
697 is 4J cents per 100 pounds. 

C. P, FULLERTON, 

Chief Commissioner. 



ORDER No. 49976 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.14. 

Thursday, the 15th day of June, A.D. 1933. 
Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 
The Board Orders: 

1. That the tolls published in Tariff C.R.C. No. 699, filed by the Temis- 
couata Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and they are hereby, approved subject to the provisions of subsection 3 of 
section 3 of the said Act. 



99 



2. And the Board hereby certifies that, for the purpose of reimbursement, 
the Temiscouata Railway Company's proportion of tolls published in the said 
Tariff C.R.C. No. 699 is to be reported at 6 cents per 100 pounds and of the 
normal tolls at 7^ cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 49977 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.14. 

Thursday, the 15th day of June, A.D. 1933. 
Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 
The Board Orders: 

1. That the tolls published in Tariff C.R.C. No. 700, filed by the Temis- 
couata Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and they are hereby, approved subject to the provisions of subsection 3 of 
section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls to be used for the 
purpose of reimbursement on traffic moving under the said Tariff C.R.C. No. 
700 are as follows: — 



Rates in cents 

From per 100 pounds 

Edmundston, N.B 39 

Ste. Rose, Que j 32^ 

Notre Dame du Lac, Que 29 

Cabano, Que 26 

St. Louis du Ha Ha, Que 25 

St. Honore, Que 22^ 



C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 49978 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.14. 
Thursday, the 15th day of June, A.D. 1933. 
Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 
The Board Orders ' 

1. That the toll published in Tariff C.R.C. No. 701, filed by the Temis- 
couata Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and it is hereby, approved subject to the provisions of subsection 3 of 
section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll to be used for the 
purpose of reimbursement on traffic moving under the said tariff C.R.C. No. 
701 is 2J cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



100 



ORDER No. 49979 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.14. 

Thursday, the 15th day of June, A.D. 1933. 
Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board Orders: 

1. That the toll published in Tariff C.R.C. No. 702, filed by the Temis- 
couata Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and it is hereby, approved subject to the provisions of subsection 3 of 
section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll to be used for the 
purpose of reimbursement on traffic moving under the said Tariff C.R.C. No. 
702 is 95 cents per cord. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 49980 

In the matter of tariffs and supplements to tariffs, filed under the provisions of 

the Maritime Freight Rates Act 

File No. 34822.14. 

Thursday, the 15th day of June, A.D. 1933. 
Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 
The Board Orders: 

1. That tolls published in Tariff C.R.C. No. 704, filed by the Temiscouata 
Railway Company under section 9 of the Maritime Freight Rates Act, be, and 
they are hereby approved subject to the provisions of subsection 3 of section 3 
of the said Act. 

2. And the Board hereby certifies that, for the purpose of reimbursement, 
the Temiscouata Railway Company's proportion of the tolls published in the 
said Tariff C.R.C. No. 704 is to be reported at 4 cents per 100 pounds and of 
the normal tolls at 5 cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



GENERAL ORDER No. 514 

In the matter of the consideration of the question of proposed regulations govern- 
ing the location near railway tracks of refineries or distilleries for the 

processing of gasoline. 

File No. 28638.2 
Friday, the 9th day of June, A.D. 1933. 

Hon. C. P. Fullerton, K.C. Chief Commissioner. 
G. A. Stone, Commissioner. 

Upon reading the submissions filed on behalf of the British American Oil 
Company, Limited, Imperial Oil Limited, Shell Oil Company of Canada, Limited, 



101 



McColl-Frontenac Oil Company, Limited, Sun Oil Company, Limited, American 
Petroleum Institute, and the Bureau of Explosives; and upon the report and 
recommendation of the Chief Operating Officer of the Board, — 

It is ordered: That General Order No. 441, dated May 4, 1927, prescribing 
regulations governing the location and operation of loading racks and unloading 
points for gasoline, naphtha, or any inflammable liquid for the observance of 
railway companies subject to the jurisdiction of the Board, be, and it is hereby, 
amended by adding at the end of paragraph 3 (b) thereof the words, " Refinery 
or distillery . . . 250 feet " ; and by adding to the said paragraph 3 the 
following, namely: — 

" (d) Where practicable, refineries or distilleries should be located 
on ground sloping away from railroad tracks. Refineries or distilleries 
must be surrounded by dykes of earth or concrete, or other suitable 
material, of sufficient capacity to hold all the contents of the tanks or 
other vessels, or of such nature and location that in the case of breakage 
or leakage the liquid will be diverted to points such that railroad property 
and passing trains will not be endangered. 

"(e) Walls and floors of dykes or ditches adjacent to refinery or 
distillery plants must be kept clean and free of inflammable or other 
material." 

C. P. FULLERTON, 

Chief Commissioner. 



GENERAL ORDER No. 513A 
In the matter of the General Order of the Board No. 513, dated June 1, 1933. 

File No. 496.43 

Friday, the 16th day of June, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 
Hon. T. C. Norris, Commissioner. 
J. A. Stoneman, Commissioner. 
G. A. Stone, Commissioner. 

Upon its appearing that through error the name of the Grand River Railway 
Company was omitted from the said General Order, and that the said company, 
jointly with the Lake Erie and Northern Railway Company, has duly filed the 
conditions printed on its forms of free transportation, — 

It is ordered: That the said General Order No. 513, dated June 1, 1933, be, 
and it is hereby, amended by adding at the end thereof the words, " Grand River 
Railway Company." 



S. J. McLEAN, 
Assistant Chief Commissioner. 



£he Poarb of 

&atltoap Commissioner* for Canaba 

Judgments, Orders, Regulations, and Rulings 



Vol. XXIII Ottawa, July 15, 1933 No. 9 



This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscription, $3.00; single 
numbers, 20 cents ; in quantities, 25 per cent discount. Remittances should be made to the King's Printer, 
Ottawa, by postal money order, express order or accepted cheque. The use of currency for this purpose is 
contrary to the advice of the postal authorities and entails a measure of risk. Postage stamps, foreign money 
or uncertified cheques will not be accepted. No extra charge is made for postage on documents forwarded to 
points in Canada and in the United States, but cost of postage is added to the selling price when documents 
Ere mailed to other countries. Early application should be made for copies in quantities. Subscriptions 
should be sent, in eveiy case, to the King's Printer, Ottawa 



Application of the Canadian National Railways for an Order of the Board 
(similar to the Board's Order No. 1+6191, in connection with the Winni- 
peg Street Subway in the City of Regina, Sask.J, by which the County of 
Halton, the Township of Trafalgar and the Town of Oakville, Ont., shall 
be ordered to pay the Railway Company one half the balance still owing 
from the Railway Grade Crossing Fund, together with interest thereon at 
5 per cent per annum from the date of expenditure, in the matter of the 
subway at Oakville, Ont., on the Canadian National Railways. 

File 9437.170. 

JUDGMENT 

McLean, Assistant Chief Commissioner: 

By order of the Board No. 45765, of November 13, 1930, provision was 
made directing the construction of a subway under the tracks of the Canadian 
National Railways, on the Seventh Line road in the town of Oakville, Ont. It 
was provided that 40 per cent of the cost of the construction of the subway 
and diversion was to be paid out of the Railway Grade Crossing Fund; 30 per 
cent by the Canadian National Railways; 20 per cent by the county of Halton; 
4| per cent by the township of Trafalgar and 5J per cent by the town of Oak- 
ville. The cost of maintenance was to be borne and paid — 30/60 by the rail- 
way company; 20/60 by the county of Halton; 5J/60 by the town of Oakville 
and 4^/60 by the township of Trafalgar. The work directed was undertaken 
with a view to aiding unemployment relief. The progress of the work was 
held up on account of lack of funds. On February 12, 1932, the work had not 
yet been commenced. The total estimated cost of the subway and diversion 
was. $170,000, and 40 per cent of this amount, or $68,000 was payable by the 
Railway Grade Crossing Fund. 

Under the above arrangement, 34' per cent of $68,000 was immediately 
available, as a pro rata payment, and an additional 11 per cent of this amount 
would became available after April 1, 1932, giving a total of $30,600. 

By Order No. 48095 of February 2, 1932, provision was made for diversion 
of the Sixth Line road, it being provided that when the diversion was completed, 
the road in question was to be closed. 

103 

65961—1 



1C4 



Under date of May 21, 1932, the Board was written to by the railway 
enclosing a letter from Mr. W. A. Kingsland, General Manager, Canadian 
National Lines, dated Toronto, May 7, 1932, reading as follows: — 

" Replying to your letter of May 5 regarding subway at Seventh 
Line, Oakville, Ontario. 

" Plans were completed for this work in the summer of 1931. Pre- 
liminary trackwork was undertaken by the railroad, which meant the 
rearrangement of switches and yard tracks at Oakville, and also pre- 
paration of the diversion of the main line during construction work. 
Tenders were asked for and received. In the meantime there was some 
question with the municipalities with respect to drainage, and as this 
developed into a material change in the plans, work was not gone ahead 
with last fall, and finally the low bidder was informed that we would 
not proceed with the work as advertised. 

u Recently the municipalities have again approached the railroad 
with respect to starting the work, and under date of May 3 we advised 
them as follows: — 

1 1 understand that the Grade Crossing Fund administered by 
the Board of Railway Commissioners is so depleted that at present 
the Board could only authorize payment of about 46 per cent of its 
40 per cent of the cost of the work. Under present conditions our 
Company is not in a position to finance the remainder of the Board's 
contribution. If, however, the municipalities of Oakville, Trafalgar 
and Halton can and will assume the balance of the Board's portion 
of the cost of the work we are prepared to proceed witn the subway, 
it being the understanding that as moneys are received from the 
Board they will be turned over to the municipalities.' 
" This outlines our position and we are still waiting a reply from 
them." 

Following this, correspondence was taken up with the municipalities, refer- 
ring them to Mr. Kingsland's letter, and asking them for the attitudes taken 
by them thereto, and stating the Board was desirous of knowing definitely 
whether the work was to go on or not, and pointing out if it was not to go on 
then the commitment made in connection with it could be utilized at some other 
point. 

Under date of May 26, 1932, the Board was written to by Mr. Chisholm, 
the solicitor acting on behalf of a committee representing the municipalities 
in the matter. He stated that this committee was most desirous that the work 
should go on as soon as possible; that the municipalities were prepared to 
finance their portions of the cost; and that negotiations were on foot for the 
financing of the deficiency of the contribution of the Grade Crossing Fund. 

Under date of August 18, 1932, the Board was written to by the solicitor 
for the railway referring to the discussions which had taken place with repre- 
sentatives of the municipalities, and stating, under existing conditions, necessity 
for the subway at Oakville was not pressing, and the railway believed that the 
township, county and town should accept the railway's proposition if they 
wished the work done. 

The town of Oakville undertook, by resolution, to finance any deficiency 
in the amount to be paid out of the Grade Crossing Fund for the subway work 
until July 1, 1933. The clerk of the county of Halton was written to asking 
him to state definitely the position taken by the municipalities in the matter. 
The township of Trafalgar was written to in the same manner. 



105 



The offers of assistance from the municipalities had been based upon the 
idea that the need for such assistance would run out on July 1, 1933. They 
had, however, to be advised that the Grade Crossing Fund would not be in a 
position to repay the full amount before 1938. The amount spent on this work 
by the railway in preliminary work, such as surveys, digging test pits, moving 
tracks, grading, ballasting, etc., amounts to $10,082.85. Application was made 
by the railway company that the municipalities should be ordered to pay the 
railway company one-half of the balance still owing from the Grade Crossing 
Fund, together with interest thereon at five per cent per annum from the date 
of expenditure. 

The situation may as well be faced frankly. In addition to the limita- 
tion of the moneys in the Grade Crossing Fund, the railway is not in a 
position to carry on any further at present. The Sixth Line road is protected 
by bell and wig-wag; the Seventh Line road is protected by gates. The Orders 
in existence provide for a closing of the Sixth Line road and a diversion to 
the Seventh Line. When the order issued, the situation was that if action had 
not been provided for in regard to the Sixth Line road, there would have been 
a subway, and at no very -great distance therefrom a level crossing, which would 
not be a satisfactory arrangement. It was suggested by the railway company 
at the recent hearing in Toronto, that the Sixth Line road should be closed 
and diverted. The solicitor for the municipalities stated that he was taken by 
surprise, and so was not in a position to make any submissions. The diversion 
would cost about $16,000, and the railway is not in a position to participate in 
this cost at present. 

As to the subway, I am of the opinion that work in connection with it 
should be postponed for three years. 

There remains for consideration the question of contribution. As pointed 
ou f , the railway has spent a little over $10,000 in preliminary work. The Grade 
Crossing Fund will be chargeable with 40 per cent of this or $4,033.14. Of 
this amount there has been paid by the said fund $2,486.83, leaving a balance 
unpaid of $1,546.31, which, under the application, would have to be financed 
by the railway and the municipalities, the latter's share being one-half, or 
$773.15. In addition to this payment, the municipalities are required to pay, 
under the 30 per cent of the cost which the order places on them, the sum of 
$3,024.85. 

The railway also applies for interest at the rate of 5 per cent on such 
amounts as are to be reimbursed to it from the date of expenditure to the date 
of payment. Interest has been found to be a legitimate factor in cost. 

I think order should go accordingly. 

Ottawa, June 20, 1933. 

Commissioners Norris and Stone concurred. 



65961— if 



106 



ORDER No. 50036 

In the matter of the application of the Canadian National Railways for an Order 
directing the County of Halton, the Township of Trafalgar, and the Town 
of Oakville, all in the Province of Ontario, to pay the company an amount 
equal to one-half of the balance still owing from the Railway Grade 
Crossing Fund, with interest thereon at five per cent per annum from 
the date of expenditure until the date of payment, in connection with the 
subway under the tracks of the said railway company on the Seventh 
Line Road in the Town of Oakville, authorized to be constructed under 
the Order of the Board No. 4-5765, dated November 13, 1930, as amended 
by Order No. 48095, dated February 2, 1932. 

File No. 9437.170 

Monday, the 26th day of June, A.D. 1933. 

Hon. CP. Fullerton, K.C., Chief Commissioner. 
S. J. McLean^ Assistant Chief Commissioner. 
Hon. T. C. Norris, Commissioner. 
J. A. Stoneman, Commissioner. 

Upon hearing the application at the sittings of the Board held in Toronto, 
May 3, 1933, in the presence of counsel for the railway company and the 
municipalities, and what was alleged; and upon reading the written submissions 
filed — 

It is ordered: That the sum of $773.15 (being one-half of the balance now 
owing from the Railway Grade Crossing Fund) be paid to the Canadian National 
Railways as follows, namely: — 

County of Halton .. $515.43 

Town of Oakville 148 19 

Township of Trafalgar 109 53 

in connection with the said subway on the Seventh Line road in the town of 
Oakville and province of Ontario, with interest thereon at five per cent per 
annum from the date of expenditure to the date of payment to the railway 
company by the said municipalities: Provided that, as and when the Board 
shall be in a position to make the said payment out of the Railway Grade 
Crossing Fund, the municipalities shall be entitled to be repaid by the Board 
the said amount of $773.15. 

C. P. FULLERTON, 

Chief Commissioner. 



In the matter of the Order of the Board No. 4®618> dated May 14, 1929, as 
amended by Order No. 44201, dated the 17th day of January, 1930, 
respecting the reconstruction of the bridge over the Canadian National 
Railways on Sandwich street, in the Town of Walkerville, in the Province 
of Ontario; 

And in the matter of the determination of the Chief Engineer of the Board, dated 
February 3, 1933, of certain questions; 

And in the matter of the application of the Corporation of the Town of 
Walkerville for a final Order fixing the amount payable by each party 
in respect of the cost of the work and other incidental matters. 

File 35394 

JUDGMENT 

McLean, Assistant Chief Commissioner: 

Before dealing with the statement of cost as now presented, reference may 
be made to the fact that the town of Walkerville, which did the work, agreed 



107 



that the Canadian National Railways' contribution should be limited to $60,000 ; 
and it further agreed that the town would absorb the difference between the 
sum of $G0,000 and 55 per cent of the cost of the work. This percentage 
worked out at $108,617.34, so that, in addition to its 20 per cent, amounting to 
$39,497.21, the town of Walkerville had to bear the amount of $48,617.34. 



The detailed statement of cost follows: — 

Gosselin Construction Co. Ltd (General Contractor) $68,881 67 

Less amount included in amount for construction of new pave- 
ments and sidewalks 5,667 00 

$63,214 67 

Canadian Bridge Co. Ltd. (Steel Contract) 49,610 00 

Walkerville Hydro-Electric System (Lighting Contract) 2,460 87 

Canadian National Railways track changes, etc 4,677 71 

Hydro-Electric Power Commission of Ontario (Street Railway 
Division) — 

(a) Temporary construction 5,035 39 

Interest thereon at 5£ per cent from July 1, 1930, to 

May 31, 1933 873 91 

(b) Value of old tracks over bridge at time of construction, 

less salvage 6,269 51 

Interest thereon at 5£ per cent from March 1, 1930, to 

May 31, 1933 1,224 56 

(c) Repairs to retaining wall 314 52 

*(d) Damage to Victoria and Assumption tracks by reason 

of construction 4,852 00 

Interest thereon at 5J per cent from March 1, 1930, to 

May 31, 1933 947 38 



*(It appears from the evidence at the hearing at Windsor on May 31 that the residual 
value of the street car tracks at Victoria road and Assumption street amounted to $9,704, 
and the Sandwich, Windsor and Amherstburg Railway claimed one-half of this, or $4,852, 
as the decreased value of the tracks by reason of the removal of the turn-out on Sandwich 
street. On consideration, the Board is of opinion that this is a proper charge and should 
form part of the cost of the work. The Board's Engineer reports that the value placed 
on the tracks is reasonable, and the Board accepts this report). 



Engineering fees, main contract 7,199 57 

Less deduction for new pavements, etc 170 00 

$7,029 57 

Inspection charges 1,732 70 

Less deduction for new pavements, etc 91 00 

1,641 70 

Land damages and costs paid to Chilver Land & Bldng. Co., 

Ltd., and Annie Walker as found by arbitrator. . 17,584 35 

Legal fees to town solicitor, in respect of arbitration of above 

damage claims 2,000 00 

Legal disbursements and expert evidence in respect of above 

arbitration 1,348 75 

Legal fees to town solicitor for general work 1,505 00 

Legal disbursements 302 30 

Advertising charges 35 55 

Walkerville Water Company, Limited 89 80 

Bell Telephone Company of Canada 32 82 

Walkerville Parks Commission (moving trees) 11 25 

Subsequent payment to general contractor for work subse- 
quent to completion 392 81 

Subsequent engineering charges 101 00 

Miscellaneous 482 00 

Value of old pavements, sidewalks, etc., destroyed by construc- 
tion of bridge, payable to town of Walkerville: — 1 . ; . 

(a) Old bridge proper 1,913 65 < 

(£>) West approach old bridge to west approach new bridge.. 1.777 56 

■ 3,691 21 

Interest thereon at 5J per cent from March 1, 1930, to 
May 31, 1933 723 00 



(The residual value of the pavements and sidewalks destroyed by reason of the con- 
struction is a fair charge). 



108 



Cost of widening Sandwich street, payable to the town of 
Walkerville: — 

(a) West limit of Victoria road to end of west approach.. .. 1,622 16 

(b) End of approach to 70 feet westerly 868 08 

(c) Engineering on above at 3 per cent 185 44 

(d) Inspection charges on above 91 00 

2,766 68 

Town of Walkerville office supervision and accounting 3,000 00 

(The item of " office supervision and accounting" amounting to 83,000 is reasonable), 
t Interest charges on payments made to May 31, 1933 15,767 76 

S197,986 07 

Deduct salvage from old structure to which Canadian National 

is entitled 500 00 

$197,486 07 

t(This is the interest chargeable on items where the interest is not specifically mentioned, 
same being charged at the rate of 5h per cent per annum compounded monthl} 7 ". This is 
the rate charged by the bank and appears to be fairly chargeable to the cost of the work). 

The total cost of the work is $197,486.07. The amounts payable by each 
of the parties to the town of Walkerville to May 31, 1933, are as follows: — 

Canadian National Railways $60,000 00 

Town of Walkerville 20 per cent, amounting to 39,497 21 

Plus the difference between $60,000 payable by the Canadian National Rail- 
ways and 55 per cent of the cost of the work. This percentage 

works out at 48,617 34 

City of Windsor 29,622 91 

Hydro-Electric Railways (Sandwich, Windsor and Amherstburg Railway) . . 19,748 61 

The order should also contain the provision that interest be paid at the rate 
of per cent per annum, compounded monthly, from May 31, 1933, to the 
date of payment. 

June 21, 1933. 

Commissioners Norris and Stoneman concurred. 



ORDER No. 50037 

In the matter of the Order of the Board No. £2618, dated May 14, 1929, as 
amended by Order No. 44®01, dated January 17, 1930, authorizing the 
Canadian National Railways to reconstruct the bridge over their railway 
on Sandwich street, in the Town of Walkerville and Province of Ontario, 
and apportioning the cost of construction and maintenance thereof; 

And in the matter of the application of the Corporation of the Town of Walker- 
ville for a final Order fixing the amount payable by each party in respect 
of the cost of the work and other incidental matters. 

File No. 35594 

Monday, the 26th day of June, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 
Hon. T. C. Norris, Commissioner. 
G. A. Stone, Commissioner. 

Upon hearing the matter at the sittings of the Board held in Windsor, 
May 31, 1933, in the presence of counsel for the town of Walkerville, the 
Hydro-Electric Power Commission of Ontario, and the city of Windsor, and 
what was alleged; and upon the report of the Chief Engineer of the Board, 
and its appearing that the total cost of the said work is $197,486.07 — 



109 



It is ordered: 

1. That the amounts payable by each of the parties to the town of Walker- 
ville in respect of the reconstruction of the bridge over the Canadian National 
Railways on Sandwich street, Walkerville, Ontario, to the 31st day of May, 



1933, are as follows, namely: — 

Canadian National Railways $60,000 00 

Town of Walkerville, 20 per cent 39,497 21 

Plus the difference between $60,000 payable by the Canadian 

National Railways and 55 per cent of the cost of the work. 48,617 34 

City of Windsor _ 29,622 91 

Hydro-Electric Power Commission of Ontario (Sandwich, 

Windsor and Amherstburg Railway) 19,748 61 



2. That interest on the said amounts at the rate of five and one-half per 
cent per annum, compounded monthly, be paid by the said parties to the town 
of Walkerville from the 31st day of May, 1933, to the date of payment. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 49984 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act: 

File No. 34822.12 

Friday, the 16th day of June, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 
G. A. Stone, Commissioner. 

The Board Orders: 

1. That the tolls published in Supplement No. 17 to Tariff C.R.C. No. 
E-4322, filed by the Canadian Pacific Railway Company under section 9 of the 
Maritime Freight Rates Act, be, and they are hereby, approved subject to the 
provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal rates for the purpose of 
reimbursement to apply on traffic moving under the said Supplement No. 17 to 
Tariff C.R.C. No. E-4322 are as follows, namely:— 



Mileage Rates 
in Cents 

Item 10A— per 100 Pounds 

Over 125 to 150 miles 9 

Over 150 to 175 miles 9i 

Over 175 to 200 miles 10 

Over 200 to 225 miles 10-J 

Over 225 to 250 miles Il 

Over 250 to 275 miles 11 

Over 275 to 300 miles 12 

Over 300 to 350 miles 13 

Over 350 to 400 miles 14 

Over 400 to 450 miles 15 

Over 450 to 500 miles 16 

Over 500 to 550 miles 17 

Over 550 to 600 miles 18 

Over 600 to 650 miles '. 19 

Over 650 to 700 miles 20 

Over 700 to 750 miles 21 



110 



Specific Rates in Cents per 100 Pounds 
to 



From 

Saint John, N.B. . . . 

Fairville, N.B 

South Bav, N.B .... 
Grand Bay, N.B .... 
Westfield Beach, N.B 

Nerepis, N.B 

Blagdon, N.B 

Welsford, N.B 

Clarendon, N.B.. .. , 

Wirral. N.B 

Enniskillen, N.B.. . 

Hoyt, N.B 

Bailey, N.B 

Fredericton Junction, 
Tracy, N.B 



N.B. 



Booth, N.B 

Cork, N.B 

Harvey, N.B 

Prince William. N.B.. 
Magaguadavic, N.B . . . 

McAdam, N.B 

Bay Shore, N.B 

West Saint John, N.B. 

Rusagonis, N.B , 

Waasis, N.B 

Doak, N.B 

Oborne, N.B 

Morrison, N.B 

Fredericton, N.B. . .. 
Barber Dam, N.B. . . . 



Lawrence, N.B 

Watt, N.B 

Honeydale, N.B 

Oilman, N.B 

Moore's Mills, N.B.. .. 

Maxwell, N.B 

Mill town Junction, N.B. 
St. Stephen, N.B . . 

Milltown, N.B 

Dumbarton, N.B 

Rolling Dam, N.B. . . . 

Hewitt, N.B 

Brunswick, N.B 

Roix Road, N.B 

Waweig, N.B 

Bartlett, N.B 



Dougherty, N.B . . 
Chamcook, N.B . . 
St. Andrews, N.B 

Oak Bay, N.B.. 
Ripley's, N.B . . 
Gidden, N.B.. .. 
McMinn. N.B . . 
Dyer's, N.B . . 
Bonny River, N.B 

St. George, N.B . . 
Utopia, N.B. . . . 
Sherwood Siding, 
Pennfield, N.B. . 

New River. N.B . . 
Lepreaux, N.B . . . 
Musquash, N.B . . 
Taylor's, N.B. . . . 
Allan Cot, N.B.. 
Spruce Lake, N.B 



N.B 





Cap de la 








Madeleine 








and Trois 






Buckingham, 


Rivieres, 


Cornwall, 


Grand'Mere, 


P.Q. 


P.Q. 


Ont. 


P.Q. 


18 


18 


17 


oo 


18 


18 


17 


18 


18 


18 


17 




18 


18 


17 


18 


18 


17 


17 


18 


17 


17 


17 


18 


17 


1 1 


10 


18 


1 / 




ID 


17 


17 


16 


16 


17 


16 


16 


16 


17 


18 


18 


17 


18 


18 


17 


17 


18 


17 


17 


17 


18 


18 


17 


17 


18 


18 


17 


17 


16 


17 


10 


16 


17 


17 - 


17 


16 


17 


17 


17 


16 


18 


17 


17 


16 


17 


17 


17 


16 


18 


17 


17 


16 


17 


17 


17 


17 


18 


18 


17 


17 


18 


18 


17 


17 


18 


18 


18 


17 


18 



Ill 



Specific Rates in Cents per 100 Pounds 



Cottrell, N.B.. .. 
Sugar Brook, N.B 
Deer Lake, N.B . . 
Shogomoc, N.B . . . 
Canterbury, N.B. . 
Marne, N.B . . . . , 

Scott, N.B 

Benton, N.B . . 

Oak, N.B 

Wickham, N.B . . . 
Debec, N.B 



Buckingham, 
P.Q. 



17 



Valley, N.B 

Woodstock, N.B 

Upper Woodstock, N.B. 

Newburg, N.B 

Tedlie, N.B 

Nixon, N.B 

Deep Creek, N.B 

Hartland, N.B 

Hale, N.B 

Peel, N.B 

Stickney, N.B 

Florenceville, N.B . . 

Bristol. N.B 

Bath, N.B 

Beechwood, N.B 



Upper Kent, N.B . . , 
River de Chute, N.B 

Muniac, N.B 

Kilburn, N.B 



Inman, N.B 

Perth Junction, N.B . . 

Andover, N.B 

Aroostook. N.B 

Morrill, N.B 

Limestone, N.B 



to \ 
Argosy, N.B J 

Grand Falls, N.B 1 

Martin, N.B J 

Cyr, N.B 

St. Leonards, N.B 

Quisibis, N.B. 



to 

Green River, N.B. 

Fraser, N.B . . 
St. Basil, N.B.. . 
Ed'mundston, N.B . 
Elmwood, N.B . . . 
Green Road, N.B . . 

McKeena, N.B . . . 
Shewan, N.B . . 



Carr, N.B 



to 



County Line, N.B 
Nackawic, N.B . . . 
Millville, N.B.. . 

to 

Hainesville, N.B . . 
Cahill, N.B 

Barton, N.B . . 

to 

Hayne, N.B . . 
Stoneridge, N.B . . 



17 



17 



17 



18 



18 



18 



18 



18 

10 
10 



20 
20 

17 
IS 

18 



Cap de la 
Madeleine 
and Trois 
Rivieres, 
P.Q. 



16 



to 



17 

17 
17 



18 



18 



IS 



18 



18 
18 



10 



17 

151 
16 

16 



Cornwall, 
Ont. 



16 



16 

16 
17 

17 

17 

17 

17 

IS 

18 
18 

IS 



15 
15 



Grand'Mere, 
P.Q. 



17 
17 

18 
18 

IS 

18 

18 

10 

10 

10 
18 

17 



m 
m 

13J 
12i 



m 

124 
18 

18 
18 



IS 



18 



10 



112 



Specific Rates in Cents per 100 Pounds 
to 



Zealand, N.B. 



Burtt's Corner, 
Keswick, N.B. 
Clanfield, N.B 



to 



KB. 



to 

North Devon, N.B.. . 
South Devon, N.B. . . . 

Caverhill, N.B 

to 

Pinder, N.B 

Cullerton, N.B 

to 

Otis, N.B 

Tobique Narrows, N.B, 

Rowena, N.B 

Currie, N.B 

Hillside, N.B 



Red Rapids, N.B 

to 

Beveridge, N.B 

Reed's Island, N.B 

to 

Three Brooks, N.B 

Wapske, N.B 

to 

Ar buckle, N.B 

Plaster Rock, N.B 

Tinker, N.B 

Marysville Junction, N.B . . 

Barker, N.B 



Buckingham, 
P.Q. 



18 

18 
18 

18 
18 

19 



19 



Ripples, N.B. 
McGill, N.B. 



to 



to 



Minto, N.B 

Marysville, N.B 

Newcastle Bridge, N.B . . 

Midland, N.B 

to 

Iron Bound Cove, N.B.. .. 
Chipman, N.B 

Pennlyn, N.B 

to 

Cumberland Bay, N.B.. .. 
Young's Cove Road, N.B.. 
to 

Annidale, N.B 

Scotch Settlement, N.B.. .. 

Belleisle. N.B 

Norton, N.B 



Cap de la 
Madeleine 
and Trois 
Rivieres, 
P.Q. 



18 

17 
IS 

18 
18 

18 



19 



17 
IS 

18} 

21 



21 

m 

21 
18* 



22 



22 



Cornwall, 
Ont. 



17 



17 
17 

17 

18 

18 



18 



17 
18 
18* 

20 



21 

18J 

21 
18| 



21 



21 



Grand'Mere, 
P.Q. 



18 

16 
18 

19 

19 

18 



19 



16 



16 



IS 



From 



Saint John, N.B. . . . 

Fairville, N.B 

South Bay, N.B . . 

Grand Bay, N.B. . . . 
Westfield Beach, NJB 

Nerepis, N.B 

Blagdon, N.B 




Welsford, N.B 

Clarendon, N.B 

Wirral, N.B 

Enniskillen, N.B 

Hoyt, N.B 

Bailey, N.B 

Fredericton Junction, N.B . . 

Tracy, N.B 

Rooth, N.B 

Cork, N.B 

Harvey, N.B 

Prince William, N.B 

Magaguadavic, N.B 

McAdam, N.B 

Bay Shore, N.B 

West Saint John, N.B 

Rusagonds, N.B 

Waasis, N.B 

Doak, N.B 

Oborne, N.B 

Morrison, N.B 

Fredericton, N.B 

Barber Dam, N.B 

Lawrence, N.B 

Watt, N.B 

Honevdale, N.B 

Oilman, N.B 

Moore's Mills, N.B 

Maxwell, N.B 

Milltown Junction, N.B 

St. Stephen, N.B 

Milltown, N.B 

Dumbarton, N.B 

Rolling Dam, N.B 

Hewitt, N.B 

Brunswick, N.B 

Roix Road, N.B 

Waweig, N.B 

Bartlett, N.B 

Dougherty, N.B 

Chamoook, N.B 

St. Andrews. N.B 

Oak Bay, N.B 

Rioley's, N.B 

Gidden, N.B 

McMinn, N.B 

Dyer s, N.B 

Bonny River, N.B.. . 

St. George. N.B 

Utopia, N.B 

Sherwood Siding, N.B 
Pennfield, N.B 

New River. N.B 

Lepreaux, N.B 

Musquash, N.B 

Taylor's, N.B 

Allan Cot, N.B 

Spruce Lake, N.B 




113 

Specific Rates in Cents per 100 Pounds 
to 

Hull West, 
P.Q., and 



Ottawa, Joliette, Lachute, Megantic, 

Ont. P.Q. P.Q. P.Q. 

18 17 17 13 

18 17 17 12 

18 17 16 12 

18 16 16 11J 

17 16 16 IU 

17 16 15 114 

17 15 15 10i 

18 17 17 13 
18 16 16 m 

18 17 16 12 

17 16 15 1U 

18 18 16 lli 

17 16 16 ill 

17 16 16 12 

18 16 16 12 
18 17 16 12 
18 17 16 12 

18 17 17 12 

18 17 17 13 



Cattrell, N.B 

Sugar Brook, N.B 

Deer Lake, N.B 

Shogomoc, N.B 

Canterbury, N.B 

Marne, N.B 

Scott, N.B 

Benton, N.B 

Oak, N.B 

Wickham, N.B 

Debec, N.B 

Valley, N.B 

Woodstock, N.B 

Upper Woodstock, N.B 

Newburg, N.B 

Tedlie, N.B 

Nixon, N.B 

Deep Creek, N.B 

Hartland, N.B 



Hale, N.B 

Peel, N.B 

Stickney, N.B. . . 
Florenceville, N.B 




Bristol, N.B " 

Bath, N.B. 

Beech wood, N.B 

Upper Kent, N.B ■ 

River de Chute, N.B 

Muniac, N.B 

Kilburn, N.B 



Inman, N.B 

Perth Junction, N.B 
Andover, N.B 




Aroostook. N.B. . . . 

Morrill, N.B 

Limestone, N.B 

to 

Argosy, N.B 

Grand Falls, N.B 

Martin, N.B 

Cyr, N.B 

St. Leonards. N.B 

Quisibis, N.B 

to 

Green River, N.B 

Fraser, N.B 

St. Basil, N.B 

Edmundston, N.B 

Elmwood. N.B 

Green Road, N.B 

McKenna, N.B 

Shewan, N.B 

Carr, N.B 

to 

County Line, N.B 

Xackawic, N.B 

Millville, N.B 

to 

Hainesville, N.B 



114 

Specific Rates in Cents per 100 Pounds 
to 

Hull West, 
P.Q., and 



Ottawa, Joliette, Lachute, Megantic, 

Ont. P.Q. P.Q. P.Q. 

17 16 15 m 

17 16 16 III 

is i6 i6 m 

18 17 16 12 

18 17 17 12 

18 17 17 12 

18 17 17 13 

19 17 17 13 

19 18 17 13 

19 18 18 13 

17 18 16 13 

17 18 16 14 

17 18 15 14 

16 18 15 14 

17 16 16 11] 

18 17 16 12 

18 17 17 12 



115 



Cahill, N.B. 
Barton, N.B, 



to 

Hayne, N.B 

Stoneridge, N.B . . . 

Zealand, N.B 

to 

Burtt's Corner, N.B 



Keswick, N.B. 
Clanfield, N.B. 



to 

North Devon, N.B 
South Devon, N.B. 

Gaverhill, N.B . . . . 



to 



Pinder, N.B. 
Cullerton, N.B. 



to 



Otis, N.B 

Tobique Narrows, N.B 

Rowena, N.B 

Currie. N.B 

Hillside, N.B. 



Red Rapids, N.B. . . 

to 

Beveridge, N.B . . 
Reed's Island, N.B. 

to 

Three Brooks, N.B . . 

Wapske, N.B 

to 

Arbuckle, N.B . . 
Plaster Rock, N.B.. 

Tinker, N.B 

Marysville Junction, 

Barker, N.B 



N.B 



to 



Ripples, N.B. . . 
McGill, N.B. . 

to 

Minto, N.B. . . . 
Marysville, N.B. 



Newcastle Bridge, N.B, 

Midland, N.B.. 

to 

Tron Bound Cove, N.B 
Chipman, N.B 



Pennlyn, N.B, 



to 

Cumberland Bay, N.B.. 
Young's Cove Road . . 

to 

Annidale, N.B 

Scotch Settlement. . . . 

Belleisle, N.B 

Norton, N.B 



Specific Rates in Cents per 100 Pounds 
to 

Hull West, 
P.Q., and 

Ottawa, Joliette, Lachute, Meganth 

Ont. P.Q. P.Q. P.Q. 



18 



18 



18 

19 
19 



19 



IS 
19 
13 



17 



17 



IS 



18 
18 



17 
17 

17 

17 
17 

IS 



15-i 

17 

17 



13 



12 



13 



13 
13 
13 



22 



21 



116 



N.B 



From 

Saint John. N.B. . 
Fairville, N.B. . . . 
South Bay, N.B . . 

Grand Bay, N.B.. 
Westfield Beach, 

Nerepis, N.B 

Blagdon, N.B. . 

Wekford, N.B 

Clarendon, N.B 

Wirral, N.B 

Enniskillen, N.B 

Hovt, N.B 

Bailey, N.B 

Fredericton Junction, N.B, 

Tracy, N.B 

Rooth, N.B 

Cork, N.B 



Specific Rates in Cents per 100 Pounds 
to 

Mont Rolland, Pont Rouge, Portneuf , 
P.Q. P.Q. P.Q. 



Harvey, N.B 

Prince William. N.B . . 
Magaguadavic, N.B.. 

McAdam, N.B 

Bay Shore, N.B 

West Saint John, N.B. 

Rusagonis, N.B 

Waasis, N.B 

Doak, N.B 

Oborne, N.B 



Morrison, N.B . . . 
Fredericton, N.B . . 
Barber Dam, N.B, 
Lawrence. N.B. . 

Watt, N.B 

Honey dale, N.B. . 



:} 



N.B. 



Gilman, N.B. 
Moore's Mills. 

Maxwell, N.B 

Milltown Junction, N.B. 

St. Stephen. N.B 

Milltown, N.B 

Dumbarton, N.B 

Rolling Dam, N.B.. 
Hewitt, N.B 



Brunswick, N.B 

Roix Road, N.B 

Waweig, N.B 

Bartlett, N.B 

Dougherty, N.B 

Chamcook, N.B 

St. Andrews, N.B.. .. 

Oak Bay, N.B 

Riplev's N.B 

Gidden, N.B 

McMinn. N.B 

Dyer's N.B 

Bonny River, N.B.. . 

St. George. N.B 

Utopia, N.B 

Sherwood Siding, N.B, 
Pennfield, N.B 

New River. N.B 

Lepreaux, N.B 

Musquash. N.B 

Taylor's. N.B 

Allan Cot. N.B 

Spruce Lake, N.B . . . 

Cottrell. N.B 

Sugar Brook, N.B . . . . 



-.1 



17 

17 

17 

17 



17 



16 



17 
17 

17 

15 
16 



19 



19 

19 
18 



18 



18 

19 
17 

18 

18 

18 
18 



18 



18 
19 

19 

17 
17 



19 



19 

18 
18 



18 



17 
17 
17 
17 

19 



17i 



18 



18 
18 

19 

17 
17 



St. Jerome, 
P.Q. 



17 



16 



16 



16 



117 



Deer Lake, N.B 

Shogomoc, N.B 

Canterbury, N.B 

Maine, N.B 

Scott, N.B 

Benton, N.B 

Oak. N.B 

Wickham, N.B 

Debec, N.B 

Valley, N.B 

Woodstock, N.B 

Upper Woodstock, N.B 

Newburg, N.B 

Tedlie, N.B 

Nixon, N.B 

Deep Creek, N.B. . . 
Hartland, N.B. . . . 

Hale, N.B 

Peel, N.B 

Stickney, N.B 

Florenceville, N.B.. 

Bristol. N.B 

Bath, N.B 

Beechwood, N.B. . . , 
Upper Kent, N.B . . . 
River de Chute, N.B 

Muniac, N.B 

Kilburn, N.B 

Inman, N.B 

Perth J unction, N.B 

Andover, N.B 

Aroostook, N.B 

Morrill, N.B ' 

Limestone, N.B " 

to 

Argosy, N.B 

Grand Falls, N.B 

Martin. N.B " 

Cyr, N.B 

St. Leonards, N.B 

Quisibis, N.B 

to 

Green River, N.B 

Fraser, N.B 

St. Basil, N.B 

Edmundston, N.B 

Elmwood, N.B 

Green Road. N.B 

McKenna, N.B 

Shewan, N.B 

Carr, N.B 

to 

County Line, N.B 

Nackawic, N.B 

Millville, N.B 

to 

Hainesville, N.B 

Cahill, N.B 

Barton, N.B 

to 

Hayne, N.B 

Stoneridge, N.B 

Zealand, N.B 

Burtt's Corner, N.B 

Keswick, N.B 




Specific Rates in Cents per 100 Pounds 



to 

Mont Rolland, Pont Rouge, Portneuf , St. Jerome, 

P.Q. P.Q. P.Q. P.Q. 

16 18 17 15 

16 18 18 15 

16 18 18 16 

17 18 18 16 

17 19 18 16 

17 19 19 17 

17 19 19 17 

18 19 19 17 
18 20 19 17 
18 20 20 17 

18 20 20 18 

18 21 20 18 

16 18 18 16 

17 19 18 16 
17 19 18 16 
17 19 19 16 

17 19 19 17 



118 



From 



Clanfield, N.B. 



to 

North Devon, N.B.. . 
South Devon, N.B . . . 

Caverhill, N.B 

to 

Pinder, N.B 

Cullerton, NJ 

to 

Otis. N.B 

Tobique Narrows, N.B, 

Rowena, N.B 

Currie, N.B 

Hillsdde, N.B 

Red Rapids, N.B. . . . 

to 

Beveridge, N.B 

Reed's Island, N.B . . . 

to 

Three Brooks, N.B.. . 

Wapske, N.B 

to 



Arbuckle, N.B . . 
Plaster Rock, N.B . . 
Tinker, N.B 



Specific Rates in Cents per 100 Pounds 
to 

Mont Rolland, Pont Rouge, Portneuf 
P.Q. P.Q. P.Q. ' 



17 



17 



13 



IS 



19 



19 



19 



20 



20 



20 

20 
19 



18 



19 



19 



20 



20 

20 
19 



St. Jerome, 
P.Q. 



16 



17 



17 



17 



17 



From 

Saint John. N.B . . 

Fairville, N.B 

South Bay, N.B.. .. 
Grand Bav, N.B. . . . 
Westfield Beach, N.B. 

Nerepis, N.B 

Blagdon, N.B 

Welsford, N.B 

Clarendon, N.B 

Wirral, N.B 

Enniskillen, N.B . . 
Hoyt, N.B 



Specific Rates in Cents per 100 Pounds 
to 

Windsor Mills, P.Q. Merritton and Thorold, Ont. 



Bailey, N.B 

Fredericton Junction, N.B.. 

Tracy, N.B 

Rooth, N.B 

Cork, N.B 

Harvey, N.B 

Prince William. N.B.. .. 

Mn.aaguadavic, N.B 

McAdam, N.B 

Bay Shore, N.B 

West Saint John, N.B . . 

Rusagonis, N.B 

Waasis, N.B 

Doak, N.B 

Oborne, N.B 

Morrison, N.B 

Fredericton, N.B 



15 



15 



14 



27 



26 



26 



1.3 



i5.; 



27 



25i 



119 



Specific Kates in Cents per 100 Pounds 
to 

Windsor Mills, P.Q. Merritton and Thorold, Ont. 



Barber Dam, N.B . . 

Lawrence. N.B 

Watt, N.B 

Honeydale, N.B 

Gilman, N.B 

Moore's Mills, N.B. . . . 

Maxwell, N.B 

Milltown Junction, N.B 

St. Stephen, N.B 

Milltown, N.B 

Dumbarton, N.B 

Rolling Dam, N.B. . . . 

Hewitt, N.B 

Brunswick, N.B 

Roix Road, N.B 

Wawedg, N.B 

Bartlett, N.B 

Dougherty, N.B 

Chamcook, N.B 

St. Andrews, N.B 

Oak Bay, N.B 

Ripley's N.B 

Gidden, N.B 

McMinn. N.B 

Dyer's, N.B 

Bonny River, N.B.. .. 

St. George, N.B 

Utopia, N.B 

Sherwood Siding, N.B.. 

Pennfield, N.B 

New River, N.B 

Lepreaux, N.B 

Musquash. N.B 

Taylor's, N.B 

Allan Cot, N.B 

Spruce Lake, N.B . . 

Cottrell, N.B 

Sugar Brook, N.B 

Deer Lake, N.B 

Shogomoc, N.B 

Canterbury, N.B 

Marne, N.B 

Scott, N.B 

Benton, N.B 

Oak, N.B 

Wickham, N.B 

Debec, N.B 



Valley, N.B . . . 
Woodstock, N.B. 



14 



26 



15 
15 

15 



26 
27 

27 



14 



26 



Upper Woodstock, N.B. 

Newburg, N.B 

Tedlie, N.B 

Nixon, N.B 

Deep Creek, N.B 

Hartland, N.B 

Hale, N.B 

Peel, N.B 

Stickney, N.B 

Florenceville, N.B 

Bristol. N.B 

Bath, N.B 

Beech wood, N.B , 

Upper Kent, N.B 

River de Chute, N.B . . 

Muniac, N.B 

Kilburn, N.B 



15 



15 



26^ 



27 



Inman, N.B 

Perth Junction, N.B 

Andover, N.B 

Aroostook. N.B . . 

Morrill, N.B 

65961-2 



15 

16 
16 



27 



27 



28 



120 



Limestone, N.B . . 

to 

Argosy, N.B . . 



Grand Falls, N.B. . 
Martin, N.B. . . . 

Cyr, N.B 

St. Leonards, N.B. 

Quisibis, N.B . . 



to 

N.B. 



Green River 
Fraser, N.B . . 
St. Basil, N.B. . 
Edmundston, N.B 
E Wood. N.B . . 
Green Road, N.B 
McKenna, N.B . . 
Shewan, N.B. . . 



Carr, N.B. 



to 

County Line, N.B . . 
Nackawic, N.B . . 

Millville, N.B 

to 

Hainesville, N.B.. . 

Cahill, N.B 

Barton, N.B 

to 

Hayne, N.B 

Stoneridge. N.B. . . 

Zealand, N.B 

Burtt's Corner, N.B. 

Keswick, N.B 

Clanfield, N.B .... 

to 

North Devon, N.B . . 
South Devon, N.B.. 
Caverhill, N.B . . 

to 

Pinder, N.B 

Cullerton, N.B . . 

to 

Otis, N.B 



Tobique Narrows, N.B 

Rowena, N.B 

Currie, N.B 

Hillside, N.B 

Red Rapids, N.B. . . . 

to 

Beveridge, N.B 

Reed's Island, N.B.. . 

to 

Three Brooks, N.B.. . 

Wapske, N.B 

to 

Arbuckle, N.B 

Plaster Rock, N.B.. . 

Tinker, N.B 

Marysville J unction 

Barker, N.B 

to 

Ripples, N.B 

McGill, N.B 



Specific Rates in Cents per 100 Pounds 
to 

Windsor Mills, P.Q. Merritton and Thorold, Ont. 



N.B. 



to 



Minto, N.B 

Marysville, N.B 

Newcastle Bridge, N.B. 



16 



13 



15 



15 



I5i 



15 



1G 



16 

m 

18 



16 i 
19 



27 



23 



22 



26 
26 

27 



27 



25i 



27 



28 



23 
28 
25i 

27 



27 

25£ 
27 



Midland, N.B ' 

to 

Iron Bound Cove, N.B 

Chipman, N.B 

Pennlyn, N.B ' 

to 

Cumberland Bay, N.B 

Young's Cove Road, N.B . . 
to 

Annidale, N.B 

Scotch Settlement, N.B ] 



Belleisle, N.B j 

Norton, N.B 



From 

Saint John. N.B 



Fairville, N.B 

South Bay, N.B 

Grand Bay. N.B • 

Westfield Beach, N.B 

Nerepis, N.B 

Blagdon, N.B 

Welsford, N.B ' 

Clarendon, N.B 

Wirral, N.B 

Enniskillen, N.B ' 

Hoyt, N.B 

Bailey, N.B 

Fredericton Junction, N.B.. .1 
Tracy, N.B ) 

Rooth, N.B 1 

Cork, N.B I 

Harvey. N.B f 

Prince William, N.B J 

Magaguadavic, N.B .| 

McAdam, N.B J 

Bav Shore, N.B \ 

West Saint John, N.B J 

Rusagonis, N.B ] 

Wassis. N.B \ 

Doak, N.B J 

Oborne, N.B 1 

Morrison, N.B ) 

Fredericton, N.B 

Barber Dam, N.B 

Lawrence. N.B 

Watt, N.B 

Honeydale, N.B ■ 

Gilman, N.B 

Moore's Mill's, N.B 

Maxwell, N.B 1 

Milltown Junction, N.B [ 

St. Stephen, N.B [ 

Milltown, N.B J 

Dumbarton, N.B ] 

Rolling Dam, N.B I 

Hewitt, N.B \ 

Brunswick, N.B | 

Roix Road, N.B J 

65961-2} 



121 

Specific Rates in Cents per 100 Pounds 
to 

Windsor Mills, P.Q. Merritton and Thorold, Ont. 



19 28 

15} 25 

19 28 

20 28 
19£ 27i 

Specific Rates in Cents per 100 Pounds 
to 

Shawinigan Falls, Sturgeon Falls, Temiskaming, 

P.Q. Ont. P.Q. 

18 23 23 

18 23 22 

17 23 22 

17 22 22 

17 22 21 

18 24 23 
18 23 22 

18 23 23 

16 23 23 

17 22 21 

17 22 22 

17 23 22 

17 22 22 



122 



Specific Rates in Cents per 100 Pounds 
to 

Shawinigan Falls, Sturgeon Falls, Temiskaming, 

P.Q. Ont. P.Q. 



Waweig, X.B. . . . 
Bartlett, X.B. . . . 
Dougherty, X.B . . 
Ohamcook, N.B . . 
St. Andrews, N.B. 
Oak Bay, N.B.. . . 
Ripley "s, N.B. . . . 



Gidden, N.B. 
McMinn, X.B 



Dyer's. X.B. . . . 
Bonny River, N.B, 



St. George. N.B 

Utopia, N.B 

Sherwood Siding, N.B, 

Pennfield, N.B 

New River, N.B. . . . 

Lepreaux, N.B 

Musquash, N.B 



Taylor's, N.B . . 
Allan Cot, N.B.. 
Spruce Lake, N.B. 
Cottrell, N.B.. .. 
Sugar Brook, N.B, 
Deer Lake, N.B.. 
Shogomoc, N.B . . . 
Canterbury, N.B. . 

Marne, N.B 

Scott, X T .B 



Benton, N.B. . 
Oak, N.B . . 
Wickham, N.B 
Debec, N.B . . 



Vallev, N.B. . . . 
Woodstock, N.B . . 
Upper Woodstock, 
Xewburg, N.B . . 
Tedlie, N.B. . . . 



N.B 



Nixon. N.B. . . . 
Deep Creek, N.B. 
Hartland. N.B. . 

Hale, N.B 

Peel, N.B 

Stickney, N.B . . . 
Florenceville, N.B, 



Bristol. N.B 

Bath, N.B 

Beechwood, N.B.. . 
Upper Kent, N.B . . , 
River de Chute, N.B 



Muniac, N.B 

Xilburn, N.B 

Jnman, N.B 

Perth Junction, N.B, 

Andover. N.B 

Aroostook, N.B . . 

Morrill, N.B 

Limestone, N.B . . 

to 

Argosy, N.B 

Grand Falls, N.B. . 

Martin. N.B 

C'yr. X.B 

St. Leonards, X.B . . 



17 

17 

17 

18 
18 
18 

18 
17 

17 

17 
18 

18 
18 

18 

19 

18 
17 

13* 
13* 



23 

22 

23 

23 
23 
23 

24 
22 

22 

23 
23 

23 
23 

24 

24 

24 
24 
24 
25 



22 

22 

22 

22 
22 
23 

23 
21 

22 

22 
22 

23 
23 

23 

23 

23 
24 
24 
24 



123 



Specific Rates in Cents per 100 Pounds 
to 



Quisibis, N.B, 



to 

N.B. 



Green River 
Fraser, N.B. . . . 
St. Basil, N.B.. 
Edmundston, N.B 



Elmwood, N.B .... 
Green Road, N.B . . 
MeKenna, N.B. . . 
Shewan, N.B. . .. 

Carr, N.B 

to 

County Line, N.B . 
Nackawic, N.B. . . 
Millville, N.B.. .. 

to 

Hainesville, N.B. . 



Cahill, N.B. 
Barton, N.B 



to 



Hayne, N.B 

Stoneridge, N.B.. 

Zealand, N.B 

to 

Burtt's Corner, N.B 

Keswick, N.B . . 
Clanfield, N.B . . 

to 

North Devon, N.B . . 
South Devon, N.B. 
Caverhill, N.B. . 

to 

Pinder, N.B 

Cullerton, N.B . . 

to 

Otis, N.B 



Tobique Narrows, N.B. 

Rowena, N.B 

Currie, N.B 



Hillside, N.B.. . 
Red Rapids, N.B. 

to 

Beveridge, N.B . . 



Shawinigan Falls, 
P.Q. 



124 



Reed's Island, N.B 

to 

Three Brooks, N.B 

Wapske, N.B 

to 

Arbuckle, N.B 

Plaster Rock, N.B 

Tinker, N.B 

Marysville Junction, N.B 

Marysville, N.B 

Chipman, N.B 

Norton, N.B 



m 

18 
18 

18 



18 

18 
16 

18 
19 
19 

m 



14 
19 
16 
16 
16 

m 



Sturgeon Falls, 
Ont. 



25 



25 

23 
23 

25 



24 

23 
23 

24 
24 
24 

24 



24 
24 



Temiskaming, 
P.Q. 



24 



25 

22 
23 

23 



23 

23 
23 

23 
23 
24 

24 



24 
23 



S. J. McLEAN, 
Assistant Chief Commissioner. 



124 



ORDER NO. 49994 

In the matter of the application of the Ottawa Electric Railway Company, here- 
inafter called the " Applicant Company," under Section 334 of the Rail- 
way Act, for approval of its Standard Passenger Tariff C.R.C. No. 19, 
cancelling C.R.C. No. 14, on file with the Board under file No. 6949.2. 

Wednesday, the 21st day of June, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 
Hon. T. C. Norms, Commissioner. 
J. A. Stoneman, Commissioner. 
G. A. Stone, Commissioner. 

Upon the report and recommendation of the Assistant Chief Traffic Officer 
of the Board, — 

It is Ordered: That the applicant company's said Standard Passenger Tariff 
C.R.C. No. 19, canceling C.R.C. No. 14, on file with the Board under file No. 
6949.2, be, and it is hereby, approved; the said tariff, with a reference to this 
Order, to be published in at least two consecutive weekly issues of the Canada 
Gazette. 

S. J. McLEAN, 

Assistant Chief Commissioner. 



ORDER NO. 50007 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.8 

Wednesday, the 21st day of June, A.D. 1933. 

S. J. McLean, Assistant Chief Commissioner. 
G. A. Stone, Commissioner. 

The Board orders: 

1. That the toll published in Tariffs C.R.C. No. 43 and No. 44, filed by 
the Sydney and Louisburg Railway Company under Section 9 of the Maritime 
Freight Rates Act, be, and it is hereby, approved subject to the provisions of 
subsection 3 of section 3 of the said Act. 

2. And the board hereby certifies that the normal toll for the purpose of 
reimbursement on traffic carried under the said tariffs C.R.C. No. 43 and No. 
44 is 9^ cents per 100 pounds. 



S. J. McLEAN, 
Assistant Chief Commissioner. 



125 



ORDER No. 50008 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.8 

Wednesday, the 21st day of June, A.D. 1933. 

S. J. McLean, Assistant Chief Commissioner. 
G. A. Stone, Commissioner. 

The Board orders: 

1. That the toll published in Tariff C.R.C. No. 45, filed by the Sydney and 
Louisburg Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and it is hereby, approved, subject to the provisions of subsection 3 of sec- 
tion 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement on traffic carried under the said Tariff C.R.C. No. 45 is 12^ cents 
per 100 pounds. 

S. J. McLEAN, 
Assistant Chief Commissioner. 



ORDER No. 50009 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.12 

Wednesday, the 21st day of June, A.D. 1933. 

S. J. McLean, Assistant Chief Commissioner. 
G. A. Stone, Commissioner. 

The Board orders: 

1. That the toll published from Fairville, New Brunswick, to Stanbridge, 
Quebec, in Supplement No. 6 to Tariff C.R.C. No. E-4304, filed by the Canadian 
Pacific Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and it is hereby, approved, subject to the provisions of subsection 3 of section 
3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement on traffic carried under the said Supplement No. 6 to Tariff 
C.R.C. No. E-4304, is 24 cents per 100 pounds. 

S. J. McLEAN, 
Assistant Chief Commissioner. 



ORDER No. 50010 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.12 

Wednesday, the 21st day of June, A.D. 1933. 

S. J. McLean, Assistant Chief Commissioner. 
G. A. Stone, Commissioner. 

The Board orders: 

1. That the tolls published in Supplement No. 20 to Tariff C.R.C. No. 
E-4322, filed by the Canadian Pacific Railway Company under section 9 of the 
Maritime Freight Rates Act, be, and they are hereby, approved, subject to the 
provisions of subsection 3 of section 3 of the said Act. 



126 



2. And the Board hereby certifies that the normal tolls which but for the 
said Act would have been effective in lieu of those published in the said Supple- 
ment No. 20 to Tariff C.R.C. No. E-4322, approved herein, are as follows:— 

Section 2. — From Plaster Rock, N.B., the tolls published from Group B of 
the Canadian Pacific Railway Company's Tariff C.R.C. No. E-4203, with the 
following exceptions: — 

Rates in cents 

To per 100 pounds 
Index 2226, Oil Springs, Ont 1 36 



Index 2228, Eddy's, Ont. 
Index 2450, Quebec, Que 

Section 4.— To Fairville, N.B. 



From 



Index 193, Newburg, N.B... 
to 

Index 202, Bristol, N.B 

Index 203, Bath, N.B 

to 

Index 211, Andover, N.B. . . 
Index 212, Aroostook, N.B. . . 
to 

Index 220, Grand Falls, N.B. 
Index 221, Martin, N.B. . . . 
to 

Index 232A, Fraser, N.B. . . 
Index 233, St. Basil, N.B. . . 
Index 234, Edmundston, N.B. 
Index 273, Tobique, N.B. . . . 

Narrows, N.B. . . 
Index 274, Rowena, N.B. . . . 
to 

Index 289, Tinker, N.B 



21 



10 

11 

8i 

H 



S. J. McLEAN, 
Assistant Chief Commissioner. 



ORDER No. 50011 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.12 

Wednesday, the 21st day of June, A.D. 1933. 

S. J. McLean, Assistant Chief Commissioner. 
G. A. Stone, Commissioner. 

The Board orders: 

1. That the toll published in item 190 of Supplement No. 21 to Tariff C.R.C. 
No. E-4322, filed by the Canadian Pacific Railway Company under section 9 of 
the MaritimeFreight Rates Act, be, and it is hereby, approved, subject to the 
provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll which but for the said 
Act would have been effective in lieu of that published in the said item 190 of 
Supplement No. 21 to Tariff C.R.C. No. E-4322, approved herein, is 33^ cents 
per 100 pounds. 

S. J. McLEAN, 
Assistant Chief Commissioner. 



127 



ORDER No. 50012 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.12 

Wednesday, the 21st day of June, A.D. 1933. 

S. J. McLea^ Assistant Chief Commissioner. 
G. A. Stone, Commissioner. 

The Board orders: 

1. That the tolls published in Supplement No. 4 to Tariff C.R.C. No. E-4485, 
filed by the Canadian Pacific Railway Company under section 9 of the Maritime 
Freight Rates Act, be, and they are hereby, approved, subject to the provisions of 
subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement on traffic carried under the said Supplement No. 4 to Tariff C.R.C. 
No. E-4485, are as follows: — 

Rates in cents per 100 pounds 
To From Group 1 From Group 2 

Rouyn, Que ) 7U 51J 

Noranda, Que ) 51J 

S. J. McLEAN, 
Assistant Chief Commissioner. 



ORDER No. 50013 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.12 

Wednesday, the 21st day of June, A.D. 1933. 

S. J. McLean, Assistant Chief Commissioner. 
G. A. Stone, Commissioner. 

The Board orders: 

1. That the toll published in item No. 55 of Supplement No. 28 to Tariff 
C.R.C. No. E-4572, filed by the Canadian Pacific Railway Company under 
section 9 of the Maritime Freight Rates Act, be, and it is hereby approved, 
subject to the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement on traffic carried under the said item No. 55 of Supplement No. 28 
to Tariff C.R.C. No. E-4572 is 17^ cents per 100 pounds. 

S. J. McLEAN, 

Assistant Chief Commissioner. 



128 

ORDED No. 50014 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act 

File No. 34822.12 



Wednesday, the 21st day of June, A.D. 1933. 



S. J. McLean, Assistant Chief Commissioner. 
G. A. Stone, Commissioner. 

The Board orders: 

1. That the tolls published in items numbered 140, 150, 260, 380, 1330, and 
1370 of Tariff C.R.C. No. E-4632, filed by the Canadian Pacific Railway Com- 
pany under section 9 of the Maritime Freight Rates Act, be, and they are hereby, 
approved, subject to the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement on traffic carried under the said Tariff C.R.C. No. E-4632 are as 
follows: — 

Rates in cents per 100 pounds 

Item 140. .. . 17! 

j , , Kn JLocal 62A 

Item 150 {Furtherance 44! 
Item 260 
to 

Montreal, Que 29 

Toronto, Ont 33 

Item 380 18 

Item 1330 9 

Item 1370 Minimum Maximum 

to 60,000 lbs. 80,000 lbs. 

Belleville, Ont 34 31! 

Brantford. Out 36 33! 

Brockville, Ont 33 31 

Cornwall, Ont 33 31 

Fort William, Ont., L. & R 37 35 

Hamilton, Ont 33 31 

Kingston, Ont 32! 30! 

Levis, Que 31! 27! 

Rates in cents per 100 pounds 
Minimum Maximum 
60,000 lbs. 80,000 lbs. 

To 

Lindsay, Ont 

London, Ont 

Montreal, Que 

Oshawa, Ont 

Ottawa, Ont 

Peterboro, Ont 

Port Arthur, Ont. L. & R 

Quebec, Que 

Riviere du Loup, Que 

St. Catharines, Ont 

Sarnia, Ont 

Sault Ste. Marie, Ont 

Sorel, Que 

Thorold, Ont 

Toronto, Ont 

Trois Rivieres, Que 

West Fort William, Ont. L. & R 

Windsor, Ont 



Riviere du Loup, Que. 
Smiths Falls, Ont. . . 



40 


38 


36! 


34! 


30J 


25 


33J 


31 


37J 


35! 


40 


37* 


37 


35 


30! 


27 


30 




33 


3i 


36! 


34 


36 


34 


27! 


23 


33 


31 


33! 


31 


31 


26 


37 


35 


36! 


34 


Minimum . 




30,000 lbs. 




37! 




41 





S. J. McLEAN, 
Assistant Chief Commissioner. 



129 



ORDER No. 50015 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act 

File No. 34822.12 

Wednesday, the 21st day of June, A.D. 1933. 

S. J. McLean, Assistant Chief Commissioner. 
G. A. Stone, Commissioner. 

The Board orders: 

1. That the tolls published in item No. 260A of Supplement No. 3 to Tariff 
C.R.C. No. E-4632, filed by the Canadian Pacific Railway Company under 
section 9 of the Maritime Freight Rates Act, be, and they are hereby approved, 
subject to the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement on traffic carried under the said item No. 260A of Supplement 
No. 3 to Tariff C.R.C. No. E-4632 are as follows:— 

Rates in cents per 



To 100 pounds 

Belleville, Ont 33 

Brockville, Ont , 34| 

Hamilton, Ont 34 

Kingston, Ont 34 

Port Colborne, Ont. . . . ' 34| 

Windsor, Ont. . . 41 J 



S. J. McLEAN, 
Assistant Chief Commissioner. 



ORDER No. 50016 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act 

File No. 34822.12 

Wednesday, the 21st day of June, A.D. 1933. 

S. J. McLean, Assistant Chief Commissioner. 
G. A. Stone, Commissioner. 

The Board orders: 

t That the tolls published in Tariff C.R.C. No. E-4643, filed by the Cana- 
dian Pacific Railway Company under section 9 of the Maritime Freight Rates 
Act, be, and they are hereby, approved, subject to the provisions of subsection 3 
of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls which but for the 
said Act would have been effective in lieu of those published in the said Tariff 
C.R.C. No. E-4643, approved herein, are those published in Canadian Pacific 
Railway Tariff C.R.C. No. E-4622. 

S. J. McLEAN, 
Assistant Chief Commissioner. 



130 

ORDER No. 50017 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act 

File No. 34822.12 

Wednesday, the 21st day of June, A.D. 1933. 

S. J. McLean, Assistant Chief Commissioner. 
G. A. Stone, Commissioner. 

The Board orders: 

1. That the toll published in Tariff C.R.C. No. E-4654, filed by the Cana- 
dian Pacific Railway Company under section 9 of the Maritime Freight Rates 
Act, be, and it is hereby approved, subject to the provisions of subsection 3 of 
section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement on traffic carried under the said Tariff C.R.C. No. E-4654 is 3 
cents per 100 pounds. 

S. J. McLEAN, 
Assistant Chief Commissioner. 



ORDER No. 50018 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act 

File No. 34822.15 

Wednesday, the 21st day of June, A.D. 1933. 

S. J. McLean, Assistant Chief Commissioner. 
G. A. Stone, Commissioner. 

The Board orders: 

1. That the tolls published in item No. 205A of Supplement No. 27 to Tariff 
C.R.C. No. 157, filed by the Fredericton and Grand Lake Coal and Railway 
Company under section 9 of the Maritime Freight Rates Act, be, and they are 
hereby, approved, subject to the provisions of subsection 3 of section 3 of the 
said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement on traffic carried under the said item 205A of Supplement No. 27 
to Tariff C.R.C. No. 157 are as follows:— 

Rates in cents per 
100 pounds 

To Minto, N.B. 
from 

Cumberland Bay, N.B f 

Glennie, N.B \ 3J 

Chipman, N.B 3 



S. J. McLEAN, 
Assistant Chief Commissioner. 



131 



ORDER No. 50019 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act 

File No. 34822.15 

Wednesday, the 21st day of June, A.D. 1933. 

S. J. McLean, Assistant Chief Commissioner. 
G. A. Stone, Commissioner. 

The Board orders: 

1. That the toll of 90 cents per ton on coal published in Supplement No. 14 
to Tariff C.R.C. No. 160, filed by the Fredericton and Grand Lake Coal and 
Railway Company under section 9 of the Maritime Freight Rates Act, be, and 
it is hereby, approved, subject to the provisions of subsection 3 of section 3 of 
the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement on traffic carried under the said Supplement No. 14 to Tariff 
C.R.C. No. 160 is $1.15 per ton. 

S. J. McLEAN, 
Assistant Chief Commissioner. 



ORDER No. 50020 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.15 

Wednesday, the 21st day of June, A.D. 1933. 

S. J. McLean, Assistant Chief Commissioner. 
G. A. Stone, Commissioner. 

The Board orders: 

1. That tolls published to Waterloo, Quebec, in Supplement No. 15 to Tariff 
C.R.C. No. 160, filed by the Fredericton and Grand Lake Coal and Railway 
Company under section 9 of the Maritime Freight Rates Act, be, and they are 
hereby, approved, subject to the provisions of subsection 3 of section 3 of the 
said Act. 

2. And the Board hereby certifies that the noormal tolls which but for the 
said Act would have been effective in lieu of those published in the said Supple- 
ment No. 15 to Tariff C.R.C. No. 160, approved herein, are those published to 
Montreal, Quebec, in Fredericton and Grand Lake Coal and Railway Tariff 
C.R.C. No. 122. 

S. J. McLEAN, 
Assistant Chief Commissioner. 



132 



ORDER No. 50021 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freipht Rates Act. 

File No. 34822.15 

Wednesday, the 21st day of June, A.D. 1933. 

S. J. McLean, Assistant Chief Commissioner. 
G. A. Stone, Commissioner. 

The Board orders: 

1. That the toll of 90 cents per ton to Saint John and West Saint John, New 
Brunswick, published in Supplement No. 16 to Tariff C.R.C. No. 160, filed by 
the Fredericton and Grand Lake Coal and Railway Company under section 9 
of the Maritime Freight Rates Act, be, and it is hereby, approved, subject to the 
provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement on traffic carried under the said Supplement No. 16 to Tariff 
C.R.C. No. 160 is $1.15 per ton. 

S. J. McLEAN, 
Assistant Chief Commissioner. 



ORDER No. 50022 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.15 

Wednesday, the 21st day of June, A.D. 1933. 

S. J. McLean, Assistant Chief Commissioner. 
G. A. Stone, Commissioner. 

The Board orders: 

1. That the tolls of $1 and $1.05 published in Supplement No. 17 to Tariff 
C.R.C. No. 160, filed by the Fredericton and Grand Lake Coal and Railway 
Company under section 9 of the Maritime Freight Rates Act, be, and they are 
hereby, approved, subject to the provisions of subsection 3 of section 3 of the 
said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement on traffic carried under the said Supplement No. 17 to Tariff 
C.R.C. No. 160 are as follows:— 

Eates in cents per 
100 pounds 

From Pennlyn, N.B. 
to 

Saint John, N.B 1 

Fairville, N.B \ 125 

West Saint John j 

Fredericton, N.B 130 



S. J. McLEAN, 
Assistant Chief Commissioner. 



133 



ORDER No. 50023 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.1-5 

Wednesday, the 21st day of June, A.D. 1933. 

S. J. McLean, Assistant Chief Commissioner. 
G. A. Stone, Commissioner. 

The Board orders: 

1. That the toll of $1.10 per ton to Edmundston, New Brunswick, published 
in Supplement No. 19 to Tariff C.R.C. No. 160, filed by the Fredericton and 
Grand Lake Coal and Railway Company under section 9 of the Maritime Freight 
Rates Act, be, and it is hereby, approved, subject to the provisions of subsection 3 
of section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement to apply on traffic carried under the said Supplement No. 19 to 
Tariff C.R.C. No. 160 is $1.40 per ton. 

S. J. McLEAN, 
Assistant Chief Commissioner. 



ORDER No. 50024 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.15 

Wednesday, the 21st day of June, A.D. 1933. 

S. J. McLean, Assistant Chief Commissioner. 
G. A. Stone, Commissioner. 

The Board orders: 

1. That the toll published to Edmundston, New Brunswick, in Supplement 
No. 20 to Tariff C.R.C. No. 160, filed by the Fredericton and Grand Lake Coal 
and Railway Company under section 9 of the Maritime Freight Rates Act, be, 
and it is hereby, approved, subject to the provisions of subsection 3 of section 3 
of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement on traffic carried under the said Supplement No. 20 to Tariff 
C.R.C. No. 160 is $1.65 per ton. 



S. J. McLEAN, 
Assistant Chief Commissioner. 



134 



ORDER No. 50025 

In the matter of tariffs, and supplements to tariffs, filed under the pi*ovisions of 
the Maritime Freight Rates Act; and the Order of the Board No. 48896 
dated July 22nd, 1932. 

File No. 34822.17 

Wednesday, the 21st day of June, A.D. 1933. 

S. J. McLean, Assistant Chief Commissioner. 
G. A. Stone, Commissioner. 

The Board orders: 

1. That the tolls published in Supplement No. 2 to Tariff C.R.C. No. 25, 
filed by the Cumberland Railway and Coal Company under section 9 of the 
Maritime Freight Rates Act, be, and they are hereby, approved, subject to the 
provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement on traffic carried under the said Supplement No. 2 to Tariff 
C.R.C. No. 25 are as follows:— 

Rates in cents per 



From 100 pounds 

Halfway River, N.S 3 

West Brook, N.S 3 

Southampton, N.S 4 

East Southampton, N.S 4 



3. And the Board further orders that the said Order No. 48896, dated July 
22, 1932, made herein, be, and it is hereby, rescinded. 

S. J. McLEAN, 
Assistant Chief Commissioner. 



ORDER NO. 50006 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.2 

Thursday, the 22nd day of June, A.D. 1933. 

S. J. McLean, Assistant Chief Commissioner. 
G. A. Stone, Commissioner. 

The Board orders: 

1. That the tolls published in tariffs filed by the Canadian National Rail- 
ways under section 3 of the Maritime Freight Rates Act be, and they are hereby, 
approved, subject to the provisions of subsection 3, of section 3, of the said 
Act, as follows, namely: — 

Supplement No. 14, to Tariff C.R.C. No. E-1226. 

Supplements Nos. 34, 35, 36, 37, 38, 39, and 40 to Tariff C.R.C. No. E-1230. 
Supplement No. 16 to Tariff C.R.C. No. E-1233. 
Supplements Nos. 35, 36, 37, and 38 to Tariff C.R.C. No. E-1234. 
Supplements Nos. 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, and 71 to 
Tariff C.R.C. No. E-1235. 



135 



Supplements Nos. 17, 18, and 19 to Tariff C.R.C. No. E-1238. 
Supplements Nos. 19, 20, 21, and 22 to Tariff C.R.C. No E-1239. 
Supplements Nos. 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, and 59 to Tariff 

C.R.C. No. E-1240. 
Supplements Nos. 14, 15, 16, and 17 to Tariff C.R.C. No. E-1241. 
Supplement No. 7 to Tariff C.R.C. No. E-1242. 
Supplements Nos. 37, 38, 39, and 40 to Tariff C.R.C. No E-1244. 
Supplements Nos. 36, 37, and 38 to Tariff C.R.C. No. E-1246. 
Supplements Nos. 22, 23, and 24 to Tariff C.R.C. No. E-1247. 
Supplements Nos. 14, 15, and 16 to Tariff C.R.C. No. E-1251. 
Supplement No. 15 to Tariff C.R.C. No. E-1256. 
Supplements Nos. 22 and 23 to Tariff C.R.C. No. E-1258. 
Supplement No. 10 to Tariff C.R.C. No. E-1261. 

Supplements Nos. 15, 16, 17, 18, 19, 20, 21, and 22 to Tariff C.R.C. No. 
E-1504. 

Supplement No. 14 to Tariff C.R.C. No. E-1649. 
Supplements Nos. 5, 6, and 7 to Tariff C.R.C. No. E-1671. 
Supplement No. 9 to tariff C.R.C. No. E-1689. 

Supplements Nos. 9, 10, 11, 12, and 13 to Tariff C.R.C. No. E-1702. 
Supplements Nos. 6, 7, and 8 to Tariff C.R.C. No. E-1737. 
Supplements Nos. 2, 3, and 4 to Tariff C.R.C. No. E-1745. 
Supplements Nos 10, 11, 12, 13, 14, and 15 to Tariff C.R.C. No. E-1804. 
Supplements Nos. 1, 2, 3, 4, and 5 to Tariff C.R.C. No. E-1835. 
Supplements Nos. 4, 5, 6, 7, 8, and 9 to Tariff C.R.C. No. E-1829. 
Tariff C.R.C. No. E-1880. 
Tariff C.R.C. No. E-1906. 

Supplements Nos. 1 and 2 to Tariff C.R.C. No. E-1906. 
Supplement No. 1 to Tariff C.R.C. No. E-1974. 

Tariffs Nos. C.R.C. E-1911, E-1920, E-1921, E-1926, E-1974, E-1976, 
E-1978, E-1982, E-1993, E-1998, and E-2018. 

S. J. McLEAN, 

Assistant Chief Commissioner. 



ORDER No. 50026 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act; and the Orders of the Board No. 47824, 
dated December 9, 1931, No. 47896, dated December 22, 1931, and 48419, 
dated April 13, 1932. 

File No. 34822.12 

Thursday, the 22nd day of June, A.D. 1933. 

S. J. McLean, Assistant Chief Commissioner. 
G. A. Stone, Commissioner. 

The Board orders: 

1. That the tolls published in items Nos. 242A, 534B, and 573B of Supplement 
No. 49 to Tariff C.R.C. No. E-4312, filed by the Canadian Pacific Railway 
Company under section 9 of the Maritime Freight Rates Act, be, and they are 
hereby approved, subject to the provisions of subsection 3 of section 3 of the 
said Act. 

65961—3 



136 



2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement on traffic carried under the said items 242A, 534B, and 573B of 
Supplement No. 49 to Tariff C.R.C. No. E-4312 are as follows:— 



Item 242-A Rates in cents per 

To 100 pounds 

Brantford, Ont 41} 

Goderich, Ont 45} 

Hamilton. Ont 40 

London, Ont 45} 

Montreal. Que 34} 

Niagara Falls, Ont 40 

Orillia, Ont 40 

Ottawa, Ont 36} 

Quebec. Que 34} 

St. Catharines, Ont 40 

St. Johns, Que 34} 

Stratford, Ont 43 

Toronto, Ont 37} 

Welland, Ont 40 

Windsor, Ont 47 

Woodstock, Ont 43 

j Item 534-B 

To 

Brampton, Ont 47} 

Brantford, Ont 49 

Caledonia, Ont 49 

Cardinal, Ont 41 

Cornwall, Ont 41 

Danville, Que 39} 

Goderich, Ont 54 

Guelph, Ont 49} 

Hamilton, Ont 48} 

Kingston, Ont 43 

Kitchener, Ont 49 

J London, Ont 53 

Magog. Que 38} 

Montreal, Que 38} 

Peterboro, Ont 44* 

Port Credit, Ont 48} 

Quebec. Que 38 

St. Catharines. Ont 48 

St. Hyacinthe Que 38} 

Sherbrooke, Que 37* 

Toronto. Ont 47 

Valleyfield, Que 40 

Waterloo, Que 38} 

Welland, Ont 48} 

Woodstock, Ont 54 



Item 573-B 



From St. John, N.B. 


In boxes 


In 


To 


or crates 


bundles 


Belleville, Ont 


93} 


154 




111} 


181 


Brockville, Ont 


89* 


148 


Chatham, Ont 


125} 


202 


Cobalt, Ont 


158* 


251} 




176* 


278* 




89* 


148 




76} 


130 


Gait, Ont 


Ill* 


181 


Guelph, Ont 


108 


175* 




158} 


251} 


104* 


171 




123 


198 


Iroquois Falls, Ont 


176* 


278* 




93* 


154 




Ill* 


181 


Lindsav, Ont 


100* 


165 




118} 


191* 


Midland, Ont 


Ill* 


181 




85* 


143 




162 


256 




108 


175* 


North Bnv, Ont 


108 


175} 



137 



Item 573-B 
From St. John, N.B. 
To 

Ottawa. Ont 

Pembroke, Ont 

Peterboro, Ont 

Port Hope, Ont. . . . 

Quebec, Que 

Renfrew, Ont 

St. Catharines, Ont. . . 

St. Thomas, Ont 

Sault Ste. Marie, Ont. 

Sherbrooke, Que 

Sudbury, Ont 

Timmins, Ont. 

Toronto, Ont 

Trenton, Ont 

Trois Rivieres, Que. . . 
Victoria Park. Ont. . . 
Woodstock, Ont. . . . 



Tn boxes 


In 


or crates 


bundles 


89! 


148 


90 


148| 


97| 


160 


97| 


160 


86 


144! 


90 


148! 


108 


175! 


119 


192 


129J 


208 


82 


137! 


119 


192 


176! 


278! 


100! 


165 


93J 


154 


85 


142! 


108 


175! 


116 


1874 



S. J. McLEAN, 

Assistant- Chief Commissioner. 



ORDER No. 50027 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.12 

Thursday, the 22nd day of June, A.D. 1933. 

S. J. McLean, Assistant Chief Commissioner. 
G. A. Stone, Commissioner. 

The Board orders: 

1. That the tolls published in item No. 533A of Supplement No. 50 to Tariff 
C.R.C. No. E-4312, filed by the Canadian Pacific Railway Company under 
section 9 of the Maritime Freight Rates Act, be, and they are hereby, approved, 
subject to the provisions of subsection 3 of section 3 of the said Act. * 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement on traffic moving under the said item 533A of Supplement No. 50 
to Tariff C.R.C. No. E-4312 are as follows:— 

Distances — 

Not over 5 miles. . . 
Over 5 to 15 miles 
Over 15 to 20 miles 
Over 20 to 30 miles 
Over 30 to 40 miles 
Over 40 to 50 miles 
Over 50 to 70 miles 
Over 70 to 80 miles 
Over 80 to 90 miles 
Over 90 to 100 miles 

S. J. McLEAN, 
Assistant Chief Commissioner. 



Rates in cents per 
100 pounds 
6 

6! 
7 

7! 
9 
10 

11! 

12! 

13 

14 



65961-3} 



138 



ORDER No. 50028 

In the matter of tariffs, and supplements to tariffs] filed under the provisions oj\ 
the Maritime Freight Rates Act. 

File No. 34822.12 

Thursday, the 22nd day of June, A.D. 1933. 

S. J. McLean, Assistant Chief Commissioner. 
G. A. Stone, Commissioner. 

The Board orders: 

1. That the tolls to Grand Mere, Quebec, published in item 220C of Supple- 
ment No. 51 to Tariff C.R.C. No. E-4312, filed "by the Canadian Pacific Railway 
Company under section 9 of the Maritime Freight Rates Act, be, and they are 
hereby, approved, subject to the provisions of subsection 3 of section 3 of the 
said Act. 

2. And the Board hereby certifies that the normal tolls which but for the 
said Act would have been effective in lieu of those published in the said item 
No. 220C of Supplement No. 51 to Tariff C.R.C. No. E-4312, are for carloads 
50 cents and for less than carloads 75-J cents per 100 pounds. 

S. J. McLEAN, 
Assistant Chief Commissioner. 



ORDER NO. 49993 

In the matter of the application of the Michigan Central Railroad Company, 
hereinafter called the "Applicant Company," for permission to correct 
an error in a rate effective June 20, 1933, now published in tariff C.R.C. 
No. 3599. 

File No. 27612.78. 

Friday, the 23rd day of June, A.D. 1933. 

S. J. McLean, Assistant Chief Commissioner. 
J. A. Stoneman, Commissioner. 

Upon its appearing that in reissuing, in item No. 50 of Tariff C.R.C, 
No. 3599, rates on canned goods published in item No. 177E of Supplement No. 
147 to Tariff C.R.C. No. 3486, the rate from Waterford, Ontario, to points 
named in Group 2 thereof was shown as 25 cents instead of the correct rate of 
35 cents per 100 pounds, the latter rate being effective via competing lines; 
and upon its being desirable that the rate be uniform via all lines, — 

It is Ordered: That the applicant company be, and it is hereby, permitted 
to publish, effective June 20, 1933, a rate of 35 cents per 100 pounds on canned 
goods from Waterford, Ontario, to Grand'Mere, Quebec, and other points named 
in Group 2 of item 50 in Tariff C.R.C. No. 3599; and to cancel, effective on the 
same date, the rate of 25 cents erroneously published. 

S. J. McLEAN, 

Assistant Chief Commissioner. 



139 



ORDER NO. 50000 

In the matter of the application of the Dominion Atlantic Railway Company, 
hereinafter, called the " Applicant Company" for permission to file, upon 
one day's notice, a tariff to correct an error in a rate on sugar from Hali- 
fax, Nova Scotia, to Windsor, Ontario. 

File No. 27612.79. 

Saturday, the 24th day of June, A.D. 1933. 

S. J. McLean, Assistant Chief Commissioner. 
J. A. Stoneman, Commissioner. 
G. A. Stone, Commissioner. 

Upon its appearing that the rate on sugar, carloads, minimum 80,000 pounds, 
from Halifax, Nova Scotia, to Windsor, Ontario, was shown in Tariff C.R.C. 
No. 884 as 21 cents, instead of 31 cents per 100 pounds the correct rate, the 
latter rate being published "by the Canadian National Railways; and its being 
desirable that the error be corrected immediately, to preserve uniformity via all 
routes, — 

It is Ordered: That the applicant company be, and it is hereby, permitted 
to file, upon one day's notice, a tariff providing for a rate of 31 cents per 100 
pounds on sugar, carloads, minimum 80,000 pounds, from Halifax, Nova Scotia, 
to Windsor, Ontario, cancelling the rate of 21 cents now published in the appli- 
cant company's said Tariff C.R.C. No. 884. 

s. j. Mclean, 

Assistant Chief Commissioner. 



ORDER No. 50029 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.12 

Saturday, the 24th day of June, A.D. 1933. 

S. J. McLean, Assistant Chief Commissioner. 
G. A. Stone, Commissioner. 

The Board orders: 

1. That the tolls published in item No. 567 of Supplement No. 32 to Tariff 
C.R.C. No. E-4312, filed by the Canadian Pacific Railway Company under sec- 
tion 9 of the Maritime Freight Rates Act, be, and they are hereby, approved, 
subject to the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls which but for the 
said Act would have been effective in lieu of those published in the said item No. 
567 of Supplement No. 32 to Tariff C.R.C. No. E-4312 are as follows:— 

Rates in Cents per 100 Pounds 
Less than carloads Carloads 
68 36i 

s. j. Mclean, 

Assistant Chief Commissioner. 



140 



ORDER No. 50030 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.13 

Monday, the 26th day of June, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published in item No. 75 of Supplement No. 22 to Tariff 
C.R.C. No. 811, filed by the Dominion Atlantic Railway Company under section 
9 of the Maritime Freight Rates Act, be, and it is hereby, approved, subject to 
the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal rate which but for the 
said Act would have been effective in lieu of that published in the said item No. 
75 of Supplement No. 22 to Tariff C.R.C. No. 811, approved herein, is 9 cents 
per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50031 

In the matter of tariffs, and supplements to tariffs, filed undtr the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.13 

Monday, the 26th day of June, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the tolls published in item No. 59 of Supplement No. 29 to Tariff 
C.R.C. No. 812, filed by the Dominion Atlantic Railway Company under section 
9 of the Maritime Freight Rates Act, be, and they are hereby, approved, subject 
to the provisions of subsection 3 of section 3 of the said Act; and the Dominion 
Atlantic Railway Company's proportion to be reported at 9 cents per 100 pounds. 

2. And the Board hereby certifies that the Dominion Atlantic Railway 
Company's proportion of the normal toll which but for the said Act would have 
been effective in lieu of that published in the said item No. 59 of Supplement 
No. 29 to Tariff C.R.C. No. 812, approved herein, is 1H cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



141 



ORDER No. 50032 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.13 

Monday, the 26th day of June, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published in Supplement No. 30 to Tariff C.R.C. No. 812, 
filed by the Dominion Atlantic Railway Company under section 9 of the Mari- 
time Freight Rates Act, be, and it is hereby, approved,' subject to the provisions 
of subsection 3 of section 3 of the said Act; and the Dominion Atlantic Rail- 
way Company's proportion to be reported at 11-9 cents per 100 pounds. 

2. And the Board hereby certifies that the Dominion Atlantic Railway 
Company's proportion of the normal tolls for the purpose of reimbursement on 
traffic carried under the said Supplement No. 30 to Tariff C.R.C. No. 812 is 
14-9 cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50033 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.13 

Monday, the 26th day of June, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published from Saint John, New Brunswick, to Windsor, 
Nova Scotia, in item No. 85-B of Supplement No. 32 to Tariff C.R.C. No. 812, 
filed by the Dominion Atlantic Railway Company under section 9 of the Mari- 
time Freight Rates Act, be, and it is hereby, approved, subject to the provisions 
of subsection 3 of section 3 of the said Act ; the Dominion Atlantic Railway 
Company's proportion to be reported at 16-3 cents per 100 pounds. 

2. And the Board hereby certifies that the Dominion Atlantic Railway 
Company's proportion of the normal toll which but for the said Act would have 
been effective in lieu of that published in the said item No. 85-B of Supplement 
No. 32 to Tariff C.R.C. No. 812 is 20-3 cents per 100 pounds. 



C. P. FULLERTON, 

Chief Commissioner. 



142 



ORDER No. 50043 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act 

File No. 34822.13 

Tuesday, the 27th day of June, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the tolls published from Saint John, New Brunswick, to Annapolis, 
Nova Scotia, in item No. 46-B of Supplement No. 28 to Tariff C.R.C. No. 812, 
filed by the Dominion Atlantic Railway Company under section 9 of the Mari- 
time Freight Rates Act, be, and they are hereby, approved, subject to the 
provisions of subsection 3 of section 3 of the said Act; the Dominion Atlantic 
Railway Company's proportion to be reported at l&J cents per 100 pounds. 

2. And the Board hereby certifies that the Dominion Atlantic Railway 
Company's proportion of the normal toll for the purpose of reimbursement 
on traffic carried under the said item No. 46-B of Supplement No. 28 to Tariff 
C.R.C. No. 812, on and after September 23, 1932, is 19| cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50044 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act 

File No. 34822.13 

Tuesday, the 27th day of June, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the tolls published in item No. 54 of Supplement No. 33 to Tariff 
C.R.C. No. 812, filed by the Dominion Atlantic Railway Company under section 
9 of the Maritime Freight Rates Act, be, and they are hereby, approved, subject 
to the provisions of subsection 3 of section 3 of the said Act; the Dominion 
Atlantic Railway Company's proportion to be reported at 7-1 cents per 100 
pounds to stations Paradise, Nova Scotia, to Berwick, Nova Scotia, inclusive, 
and at 10 cents per 100 pounds to stations Waterville, Nova Scotia, to Windsor, 
Nova Scotia, inclusive, Centreville, Nova Scotia, to Kingsport, Nova Scotia, in- 
clusive, and Billtown, Nova Scotia, to Weston, Nova Scotia, inclusive. 

2. And the Board hereby certifies that the Dominion Atlantic Railway 
Company's proportion of the normal tolls for the purpose of reimbursement 
on traffic carried under the said item 54 of Supplement No. 33 to Tariff C.R.C. 
No. 812 are as follows: — 

Rates in cents per 
100 pounds 

Paradise, N.S., to Berwick, N.S., inclusive 9.9 

Waterville, N.S.. to Windsor, N.S., inclusive ] 

Centreville, N.S., to Kingsport, N.S., inclusive [ 12 

Billtown, N.S., to Weston, N.SL inclusive J 

C. P. FULLERTON, 

Chief Commissioner. 



143 

ORDER No. 50045 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act 

File No. 34822.13 

Tuesday, the 27th day of June, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

L That the tolls published in Supplement No. 1 to Tariff C.R.C. No. 875, 
filed by the Dominion Atlantic Railway Company under section 9 of the Mari- 
time Freight Rates Act, be, and they are hereby, approved subject to the 
provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose 
of reimbursement to apply on traffic carried under the said Supplement No. 1 
to Tariff C.R.C. No. 875, from September 23, 1932, to January 18, 1933, in- 
clusive, are as follows: — 

Rates in cents per 

From — 100 pounds 

Ellershouse, N.S ) 

Newport, N.S j 12 J 

Windsor. N.S ) 

Hantsport, N.S J 12J 

Avonport, N.S \ 

Port Williams, N.S S 13 

Kentville, N.S 14 

Coldbrooke, N.S.. - .. 1 

Berwick, N.S j" 16J 

Aylesford, N.S ) 

Kingston, N.S J 17 

Wilmot, N.S \ 

Annapolis Royal, N.S } 19 

Clementsport, N.S | 

Digby, N.S \ 21i 

North Range, N.S ) 

Yarmouth, N.S J 25J 

Brooklyn, N.S { 

Mosherville, N.S } 13 

Clarksville, N.S I 

Kennetcook, N.S j 14 

South Maitland, N.S ] 

Lower Truro, N.S } 17 

Mill Village, N.S { 

Kingsport, N.S J 16i 

Billtown, N.S 1 

Grafton, N.S J 16J 

Somerset. N.S { 

Weston, N.S \ 17 



C. P. FULLERTON, 

Chief Commissioner. 



144 



ORDER No. 50042 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freiaht Rates Act 

File No. 34822.2 

Tuesday, the 27th day of June, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: That the tolls published in Supplement No. 16 to Tariff 
C.R.C. No. E-1233 and in Tariff C.R.C. No. E-2020, filed by the Canadian 
National Railways under section 3 of the Maritime Freight Rates Act, be, 
and they are hereby, approved subject to the provisions of subsection 3 of 
the said section 3. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50049 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.2 

Wednesday, the 28th day of June, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: That the tolls published in Supplement No. 18 to Tariff 
C.R.C. No. E-1241, filed by the Canadian National Railways under section 3 of 
the Maritime Freight Rates Act, be, and they are hereby, approved, subject to 
the provisions of subsection 3 of section 3 of the said Act. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50050 

In the matter of tariffs, and supplements to tariffs, fled under the provisions of 
the Martime Freight Rates Act; and the Orders of the Board No. 47344 
dated September 11, 1931, No. 48510 dated April 26, 1932, and No. 48789 
dated June 27, 1932, approving the tolls published in Item 89 of Supple- 
ment No. 22, Item 49 of Supplement No. 24, and Item 90 of Supplement 
No. 27 to Tariff C.R.C. No. 812, filed by the Dominion Atlantic Railway 
Company. 

File No. 34822.13 

Wednesday, the 28th day of June, A.D. 1933 

Hon. CP. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the tolls published in items 49, 89, and 90 of Supplement No. 27 to 
Tariff C.R.C. No. 812, filed by the Dominion Atlantic Railway Company under 
section 9 of the Maritime Freight Rates Act, be, and they are hereby, approved, 



145 



subject to the provisions of subsection 3 of section 3 of the said Act; the Dominion 
Atlantic Railway Company's proportions to be reported as follows: — 

For item 49 — 7-1 cents per 100 pounds. 
For item 89 — 9-8 cents per 100 pounds. 
For item 90 — 9-7 cents per 100 pounds. 

2. And the Board hereby certifies that the Dominion Atlantic Railway Com- 
pany's proportion of the normal tolls for the purpose of reimbursement on traffic 
carried on and after September 23, 1932, under the said items 49, 89, and 90 of 
Supplement No. 27 to Tariff C.R.C. No. 812 are as follows:— 

For item 49 — 8-9 cents per 100 pounds. 
For item 89 — 12-3 cents per 100 pounds. 
For item 90 — 12 cents per 100 pounds. 

3. And the Board further orders that the said Orders No. 47344 dated Sep- 
tember 11, 1931, No. 48510 dated April 26, 1932, and No. 48789 dated June 27, 
1932, be, and they are hereby, rescinded. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50052 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act; and the Order of the Board No. 47319, 
dated September 2, 1931, approving tolls published on pulpwood in Sup- 
plement No. 34 to Tariff C.R.C. No. 817, filed by the Dominion Atlantic 
Railway Company. 

File No. 34822.13 

Wednesday, the 28th day of June, A.D. 1933 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

X. That the tolls published in item No. 90-C of Supplement No. 34 to Tariff 
C.R.C. No. 817, filed by the Dominion Atlantic Railway Company under section 9 
of the Maritime Freight Rates Act, be, and they are hereby, approved, subject 
to the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement on traffic carried under the said item 90-C of Supplement No. 34 
to Tariff C.R.C. No. 817, between September 23, 1932, and November 1, 1932, 
are as follows: — 

Rates in cents pel- 



Distances 100 pounds 

Not over 20 miles 4 

Over 20 to 40 miles 4J 

Over 40 to 50 miles 5 

Over 50 to 60 miles 5£ 

Over 60 to 75 miles 6J 

Over 75 to 100 miles 7 

Over 100 to 125 miles 7$ 

Over 125 to 150 miles 8 



3. And the Board further orders that the said Order No. 47319, dated Sep- 
tember 2, 1931, be, and it is hereby, rescinded as from September 23, 1932. 

C. P. FULLERTON, 

Chief Commissioner. 



146 



ORDER No. 50053 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act; and Orders No. 47617, dated November 5, 
1931, and No. 48423, dated April 13, 1932, approving the tolls published 
in Item 155- A of Supplement No. 40, and Item 4&-B and Item 156 of 
Supplement No. 44 to Tariff C.R.C. No. 817, filed by the Dominion 
Atlantic Railway Company. 

File No. 34822.13 

Wednesday, the 28th day of June, A.D. 1933 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the tolls published in items 75-A, 155-A, 156-A, and 166 of Supple- 
ment No. 53, and item 75-B of Supplement No. 54, to Tariff C.R.C. No. 817, filed 
by the Dominion Atlantic Railway Company under section 9 of the Maritime 
Freight Rates Act, be, and they are hereby, approved, subject to the provisions 
of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement on traffic carried on and after September 23, 1932, under the said 
items 75-A, 155-A, 156-A, and 166 of Supplement No. 53, and item 75-B of Sup- 
plement No. 54, to Tariff C.R.C. No. 817, are as follows:— 

Rates in cents per 



Item 100 pounds 
75-A ; 9£ 

155- A 51 

156- A 4 

166 12 

75-B 9£ 



3. And the Board further orders that the said Orders No. 47617 dated 
November 5, 1931, and No. 48423 dated April 13, 1932, be, and they are hereby, 
rescinded. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50054 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.13 

Wednesday, the 28th day of June, A.D. 1933 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the tolls published in item 90-D of Supplement No. 55 to Tariff 
C.R.C. No. 817, filed by the Dominion Atlantic Railway Company under section 
9 of the Maritime Freight Rates Act, be, and they are hereby, approved, subject 
to the provisions of subsection 3 of section 3 of the said Act. 



147 



2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement on traffic carried under the said item 90-D of Supplement No. 55 
to Tariff C.R.C. No. 817 are as follows:— 

Kates in cents per 



Distances 100 pounds 

Not over 20 miles 3 

Over 20 to 50 miles 4 

Over 50 to 60 miles 5i 

Over 60 to 75 miles 6 

Over 75 to 100 miles 7 

Over 100 to 125 miles Ih 

Over 125 to 150 miles 8 



C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50055 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.13 

Wednesday, the 28th day of June, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published in item 170 of Supplement No. 56 to Tariff C.R.C. 
No. 817, filed by the Dominion Atlantic Railway Company under section 9 of 
the Maritime Freight Rates Act, be, and it is hereby, approved, subject to the 
provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement on traffic carried under the said item 170 of Supplement No. 56 
to Tariff C.R.C. No. 817 is 9i cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50056 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.13 

Wednesday, the 28th day of June, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the tolls published in item 175-A, and from Kentville, Nova Scotia, 
in item 15, of Supplement No. 58 to Tariff C.R.C. No. 817, filed by the Dominion 
Atlantic Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and they are hereby, approved, subject to the provisions of subsection 3 of 
section 3 of the said Act. 



148 



2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement on traffic carried under the said items 175-A and 15 of Supple- 
ment No. 58 to Tariff C.R.C. No. 817 are as follows:— 

Item 175-A Rates in cents per 

To 100 pounds 

Port Williams, N.S 7 

Waterville, N.S ?| 

Berwick, N.S 7l 

Canning, N.S 7 

Item 15 
From 

Kentville, N.S 9 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50057 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.13 

Wednesday, the 28th day of June, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published in item 170- A of Supplement No. 59 to Tariff 
C.R.C. No. 817, filed by the Dominion Atlantic Railway Company under section 
9 of the Maritime Freight Rates Act, be, and it is hereby, approved, subject to 
the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement on traffic carried under the said item 170- A of Supplement No. 59 
to Tariff C.R.C. No. 817 is 9i cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50058 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.13 

Wednesday, the 28th day of June, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published to Port Williams in item 175-B of Supplement 
No. 60 to Tariff C.R.C. No. 817, filed by the Dominion Atlantic Railway Com- 
pany under section 9 of the Maritime Freight Rates Act, be, and it is hereby, 
approved, subject to the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement on traffic carried under the said item 175-B of Supplement No. 
60 to Tariff C.R.C. No. 817, is 7-J cents per 100 pounds. 



C. P. FULLERTON, 

Chief Commissioner. 



149 



ORDER No. 50059 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.13 

Wednesday, the 28th day of June, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the tolls published in item 175-C of Supplement No. 61 to Tariff 
C.R.C. No. 817, filed by the Dominion Atlantic Railway Company under section 
9 of the Maritime Freight Rates Act, be, and they are hereby, approved, subject 
to the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement on traffic carried under the said item 175-C of Supplement No. 61 
to Tariff C.R.C. No. 817 are as follows:— 

Rates in cents per 

To 100 pounds 

Hantsport, N.S 7 

Weston, N.S 1 

Kingsport, N.S \ 9 

Berwick, N.S J 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50051 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act; and the Order of the Board No. 48063, 
dated February 1, 1932, approving the toll published in Item 46- A of Sup- 
plement No. 23 to Tariff C.R.C. No. 812, filed by the Dominion Atlantic 
Railway Company. 

File No. 34822.13 

Thursday, the 29th day of June, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published in item 46-B of Supplement No. 28 to Tariff 
C.R.C. No. 812, filed by the Dominion Atlantic Railway Company under section 
9 of the Maritime Freight Rates Act, be, and it is hereby, approved, subject to 
the provisions of subsection 3 of section 3 of the said Act ; the Dominion Atlantic 
Railway Company's proportion to be reported at 15-5 cents per 100 pounds. 

2. And the Board hereby certifies that the Dominion Atlantic Railway Com- 
pany's proportion of the normal toll for the purpose of reimbursement on traffic 
carried on and after September 23, 1932, under the said item 46-B of Supplement 
No. 28 to Tariff C.R.C. No. 812 is 19-4 cents per 100 pounds. 

3. And the Board further orders that the said Order No. 48063, dated Feb- 
ruary 1, 1932, be, and it is hereby, rescinded. 

C. P. FULLERTON, 

Chief Commissioner. 



150 



ORDER No. 50060 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34S22.13 

Thursday, the 29th day of June, A.D. 1933. 

Hon. C. P. FuLLERTON, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board orders: 

1. That the toll published from O'Brien's Siding. Nova Scotia, in item 70-B 
of Supplement No. 62 to Tariff C.R.C. No. 817, filed by the Dominion Atlantic 
Railway Company under section 9 of the Maritime Freight Rates Act, be, and 
it is hereby, approved subject to the provisions of subsection 3 of section 3 of the 
said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement on traffic carried under the said item 70-B of Supplement No. 62 
to Tariff C.R.C. No. 817 is 9 cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50061 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.13 

Thursday, the 29th day of June, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board orders: 

1. That the toll published in item 45-A of Supplement No. 15 to Tariff C.R.C. 
No. 851, filed by the Dominion Atlantic Railway Company under section 9 of 
the Maritime Freight Rates Act, be, and it is hereby, approved, subject to the 

provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement on traffic moving on and after September 23, 1932, under the 
said item 45-A of Supplement No. 15 to Tariff C.R.C. No. 851 is 16i cents per 
100 pounds. 

C, P. FULLERTON, 

Chief Commissioner. 



151 



ORDER No. 50062 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.13 

Thursday, the 29th day of June, A.D. 1933. 

Hon. C. P. Fullerton, KC, Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board orders: 

1. That the tolls published in item 5-A of Supplement No. 17 to Tariff C.R.C. 
No. 851, filed by the Dominion Atlantic Railway Company under section 9 of 
the Maritime Freight Rates Act, be, and they are hereby, approved, subject to 
the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement on traffic moving under the said item 5-A of Supplement No. 17 
to Tariff C.R.C. No. 851 are as" follows:— 

Rates in cents per 

From 100 pounds 

Aylesford, N.S 25 

Port Williams, N.S 19 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50063 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.13 

Thursday, the 29th day of June, A.D. 1933. . 

Hon. C. P. Fullerton, KC., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board orders: 

1. That the tolls published in item 11 of Supplement No. 18 to Tariff C.R.C. 
No. 851, filed by the Dominion Atlantic Railway Company under section 9 of 
the Maritime Freight Rates Act, be, and they are hereby, approved, subject to 
the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement on traffic carried under the said item 11 of Supplement No. 18 
to Tariff C R.C. No. 851 are as follows:— 

Rates in cents per 
100 pounds 

Carload minimum 45 000 pounds 19 

Carload minimum 60.000 pounds 16 



C. P. FULLERTON, 

Chief Commissioner. 



65961—4 



152 



ORDER No. 50064 

hi the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.13 
Thursday, the 29th day of June, A.D. 1933. 

Hon. C. P. Fuller ton, KC, Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board orders: 

1. That tolls published from Bridgetown, Nova Scotia, in item 5-B, and 
from Middleton, Nova Scotia, in item 11-A of Supplement No. 19 to Tariff 
C.R.C. No. 851, filed by the Dominion Atlantic Railway Company under section 
9 of the Maritime Freight Rates Act, be, and they are hereby, approved, subject 
to the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement on traffic carried under the said items 5-B and 11-A of Supple- 
ment No. 19 to Tariff C.R.C. No. 851 are as follows:— 



Item 5-B Rates in cents per 

From 100 pounds 

Bridgetown, N.S 25 

Item 11-A 
From 
Middleton, N.S. _ 

Carload minimum 45,000 pounds 19 

Carload minimum 60,000 pounds 16 



C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50065 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.13 

Thursday, the 29th day of June, A.D. 1933. 

Hon. CP. Fullerton, KC, Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board orders: 

1. That the toll published in item 62 of Supplement No. 20 to Tariff C.R.C. 
No. 851, filed by the Dominion Atlantic Railway Company under section 9 of 
the Maritime Freight Rates Act, be, and it is hereby, approved, subject to the 
provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement on traffic carried under the said item 62 of Supplement No. 20 
to Tariff C.R.C. No. 851 is 12 cents per 100 pounds. 



C. P. FULLERTON, 

Chief Commissioner. 



153 



ORDER No. 50066 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.13 

Thursday, the 29th clay of June, A.D. 1933. 

Hon. C. P. Fullerton, KC, Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board orders: 

1. That the toll published in item 11-B of Supplement No. 21 to Tariff 
C.R.C No. 851, filed by the Dominion Atlantic Railway Company under section 
9 of the Maritime Freight Rates Act, be. and it is hereby, approved, subject to 
the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement on traffic carried under the said item 11-B of Supplement No. 21 
to Tariff C.R.C. No. 851 is 16 cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50067 

In the matter of tariffs, and supplements to tariffs filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.13 

Thursday, the 29th day of June, A.D. 1933. 

Hon. C. P. Fullerton, KC, Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board orders: 

1. That the toll published in item 11-C of Supplement No. 22 to Tariff 
C.R.C. No. 851, filed by the Dominion Atlantic Railway Company under section 
9 of the Maritime Freight Rates Act, be, and it is hereby, approved, subject to 
the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement on traffic carried under the said item 11-C of Supplement No. 22 
to tariff C.R.C. No. 851 is 16 cents per 100 pounds. 



C, P. FULLERTON, 

Chief Commissioner. 



154 



GENERAL ORDER No. 515 

In the matter of the application of The Railway Association of Canada for 
approval of Specification for the Construction of New Mail Apartment 
Self-propelled Cars, on file with the Board under file No. 3083.43. 

Tuesday, the 27th day of June, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
J. A. Stoneman, Commissioner. 
G. A. Stone, Commissioner. 

Upon reading what is filed in support of the application and on behalf of 
the Railway Mail Service Branch of the Post Office Department ; and upon the 
report and recommendation of the Chief Operating Officer of the Board, — 

It is ordered: 

1. That the " Specification for the Construction of New Mail Apartment 
Self-propelled Cars," dated February 23, 1933, as amended and corrected, on 
file with the Board under file No. 3083.43, be, and it is hereby, approved and 
adopted as the standard to be used by railway companies operating in Canada 
and within the legislative authority of the Parliament of Canada. 

2. That the " Specification for Mail Cars," dated May 22, 1918, approved 
by General Order No. 259, dated January 13, 1919, be amended by striking out 
Notes 1 and 2 of section 5, on page 2 thereof." 



C. P. FULLERTON, 

Chief Commissioner, 



155 



ACCIDENTS REPORTED TO THE OPERATING DEPARTMENT, 
BOARD OF RAILWAY COMMISSIONERS, FOR MONTH OF 

APRIL, 1933 

Railway accidents Ill, with 4 persons killed and 112 injured. 

Railway accidents at highway crossings 11, with persons killed and 16 injured. 

122 4 128 

Killed Injured 

Passengers - 9 

Employees - 84 

Others 4 35 

4 128 



DETAILS OF ACCIDENTS AT HIGHWAY CROSSINGS 

No. of 

Accidents Ontario 

3 Automobile— Auto ran into side of train, Ont. licences CL-397, EO-689, EF-92. 
1 Automobile — Ran into side of rail motor-car. Ont. licence CY-201. 
1 Automobile — Auto driver did not have car under control Ont. licence KM-864. 
1 Automobile — Auto driver failed to take any precaution approaching crossing. Ont. 
licence EU-141. 

1 Auto truck — Truck driver failed to obey wig-wag signal. Ont. licence 57725-C. 
1 Auto truck — Truck driver failed to hear train, due to noise of truck. Ont. licence 
49061-C. 

1 Horse-drawn vehicle — Inattention on part of wagon driver. 



Alberta 



Auto truck — Truck driver failed to heed warning by section foreman. Alta. licence 
BT-655. 

Saskatchewan 

Horse-drawn vehicle — Sleigh loaded with lumber stalled on crossing. 



Of the eleven accidents at highway crossings, ten occurred at unprotected 
crossings and one at a protected crossing. Six of the accidents occurred during 
the daylight hours and five at night. 



Ottawa, July 3, 1933. 



V£7 / v 

tEfje $oart> of 

Eatltoap Commissioner* for Cattaba 



Judgments, Orders, Regulations, and Rulings 



Vol. XXIII Ottawa, August I, 1933 No. 10 

This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscription, $3.00; single 
numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be made to the King's Printer, 
Ottawa, by postal money order, express order or accepted cheque. The use of currency for this purpose is 
contrary to the advice of the postal authorities and entails a measure of risk. Postage stamps, foreign money 
or uncertified cheques will not be accepted. No extra charge is made for postage on documents forwarded to 
points in Canada and in the United States, but cost of postage is added to the selling price when documents 
are mailed to other countries. Early application should be made for copies in quantities. Subscriptions 
should be sent, in every case, to the King's Printer, Ottawa. 



Application of the Canadian National Railways jot an inquiry and hearing by 
the Board and a determination in the matter of a dispute between the 
Canadian National Railway Company, the Canadian Pacific Railway 
Company, and the Northern Alberta Railways Company in respect of an 
agreement, dated January 29, 1929, and the provisions of Chapter 1+8 of 
the Statutes of Canada, 1929, the dispute arising over the interpretation 
of the words " and destined via Edmonton or Morinville to competitive 
points on or beyond the lines of the parties " contained in Clause 7 of the 
said Agreement. 

File No. 38702 

JUDGMENT 

FULLERTON, CHIEF COMMISSIONER: 

The real question for decision in this matter is the interpretation of a clause 
in an agreement entered into on the 29th January, 1929, between the Canadian 
Pacific Railway Company and the Canadian National Railway Company^ 
hereinafter referred to as the Canadian Pacific and Canadian National. 

The agreement in question was confirmed by chapter 48 of the Statutes of 
Canada for the year 1929. It involved the purchase by the Canadian Pacific 
and Canadian National of four railways running northerly from Edmonton. 
These railways were the Edmonton, Dunvegan and British Columbia Railway, 
the Alberta and Great Waterways Railway, the Central Canada Railway, and 
the Pembina Railway. 

From 1920 to 1926 the Canadian Pacific operated the Edmonton, Dunvegan 
and British Columbia Railway and the Central Canada Railway under an 
arrangement with the owners. 

From 1926 to 1929 these roads were operated by the Province of Alberta 
and during that time the Canadian National was the connecting carrier. 

The major portion of the traffic from these lines is wheat destined for export 
and both railway companies were anxious to secure it. By the agreement the 
Canadian Pacific and Canadian National agreed to join in the purchase of these 
railways, each assuming one-half of the purchase price and one-half of 'the obliga- 
tions incurred in connection with the purchase. A new company was to be 
formed to acquire, maintain and operate them, the capital of which was to be 
supplied by the Canadian Pacific and Canadian National in equal shares, and 
each was to be entitled to appoint one-half the directors. 

66451—1 157 



158 



The purchase was duly completed and a new company known as the 
Northern Alberta Railway Company, which I will hereafter refer to as the 
Northern Company, w r as formed, which took over and operated the railways so 
purchased. 

The provision of the agreement which has created the difficulty is para- 
graph 7, which reads as follows: — 

" The new company shall be required to route outbound freight traffic 
(including grain milled or stored in transit) originating on the lines of 
the new company and destined via Edmonton or Morinville to competi- 
tive points on or beyond the lines of the parties, in such a way that each 
of the parties shall receive on a revenue basis one-half of the outbound 
freight traffic originating and destined as aforesaid, including such freight 
traffic routed by the shipper, as well as such freight traffic unrouted by 
the shipper. Comparisons on a revenue basis of the traffic so received 
by each of the parties shall be made monthly, and any inequality of 
division in any month shall be rectified in succeeding months. The fore- 
going provisions in respect to freight traffic shall apply also to outbound 
express traffic and telegraph traffic respectively, originating on the lines 
of the new company and destined to competitive points on or beyond the 
lines of the parties. For the purpose of the division of traffic in this 
paragraph provided for, freight traffic, express traffic, and telegraph 
traffic shall be divided and dealt with separately." 

The difficulty arises in connection with the interpretation of the words 
" and destined via Edmonton or Morinville to competitive points on or beyond 
the lines of the parties." The Canadian Pacific contends that the words " com- 
petitive points " include points beyond the lines of the Canadian Pacific or 
Canadian National, or their railway connections, such as foreign points which 
are accessible to shipping from any ports in Canada. The Canadian National, 
on the other hand, contends that the word's " competitive points " mean points 
common to both the Canadian Pacific and Canadian National, or their con- 
necting rail carriers, to which the rates from the shipping points on the Northern 
Company's lines via both the Canadian Pacific and Canadian National, with or 
without connecting carriers, are equal. 

The real dispute settles around the ports of Prince Rupert and Victoria, 
both of which are served, so far as the export grain traffic is concerned, by the 
Canadian National alone. The Canadian National carries outbound export grain 
traffic from the lines of the Northern Company to Prince Rupert, Victoria and 
Vancouver. The Canadian Pacific carries to Vancouver, but not to the other two 
ports. The Canadian Pacific contends that export freight traffic to Prince Rupert 
and Victoria is outbound freight traffic destined " to competitive points . . . 
beyond the lines of the parties " within the meaning of clause 7. The Canadian 
National contends that Vancouver alone of the three ports is a competitive 
point within the meaning of clause 7, and denies the right of the Northern Com- 
pany to take into consideration traffic going to the ports of Victoria and Prince 
Rupert in effecting the equalization referred to in clause 7. 

The rates and conditions of carriage of grain shipped for export from 
points on the Northern Company to all three of the ports above referred to are 
identical. The question is, what did the parties mean by the use of the words 
" competitive points on or beyond the lines of the parties "? I have always under- 
stood V competitive points " in railway parlance to mean points in respect to 
which two or more lines compete for traffic. In other words, a point at which two 
or more railways have facilities and are prepared to handle traffic offered at equal 
rates. Reading the words in the ordinary way, I think there can be no doubt 
that " competitive points on or beyond the lines of the parties " means points on 
the lines of the parties or their connecting carriers, and have no reference to any 
point other than one on a railway. 



159 



As I understand Mr. Tilley's argument, he contends that " beyond " may 
refer to a point in a foreign country, to which commodities may be carried. I 
do not think that the words can possibly bear any such interpretation. 

Mr. Tilley says: — 

" You cannot whittle down that ' on or beyond ' to say that they are 
on railway lines, either those of the railway company or other connecting 
carriers. The point of that description is to say in the broadest possible 
way that so long as it is outbound freight traffic originating on the lines 
of the new company, if it is destined to competitive points it matters not 
where that competitive point is, it may be on the railways or any place 
beyond." 

Though he did not say so in express words, his argument must go the length 
of asking us to hold that all points to which commodities may be exported are 
competitive points. For example, it is said that grain carried over the Canadian 
National to Victoria and shipped thence to the United Kingdom or the Orient is 
outbound freight traffic to competitive points beyond the lines of the companies 
because both destinations are competitive points. We are not told in what 
sense they are competitive .points. We know that so far as concerns the carriage 
of this traffic by these railways, namely for that portion of the haul from points 
on the Northern Company to Victoria, the Canadian Pacific does not compete. 

The word " competitive " as used in the agreement must have reference to 
competition between railways. The parties were only interested in securing the 
carriage of grain to a port. What becomes of it afterwards did not in the least 
interest them. If the parties intended what Mr. Tilley now contends they did, 
they should have said so, and this is particularly true when one considers the 
meaning which both parties had, long prior to the agreement, given to the words 
" competitive traffic." 

In the Board's General Order No. 252, re interswitching, it is set out that 
" nothing herein contained shall prevent the line carrier from absorbing the 
entire toll, or tolls, charged for interswitching competitive traffic, provided that 
the traffic and movements so treated are clearly defined in its tariffs." Turning, 
to the tariffs of the Canadian Pacific and Canadian National as in effect in 
both Eastern and Western Canada, covering rules and regulations governing 
interswitching charges, they are found to all contain the following definition of 
competitive traffic: — 

" Definition of Competitive Traffic 

At Point of Origin. — When the railway performing the switching ser- 
vice can handle the shipment in road-haul movement from the origin 
station at equal rate. 

At Destination. — When the railway performing the switching service 
could have handled the shipment in road-haul movement into the destina- 
tion station at equal rate." 

Another definition found in the tariff of the Canadian Pacific, Western 
Lines, having to do with absorption of cartage charges rather than the question 
of interswitching, concerning competitive carload traffic, reads: — 

11 Competitive traffic is defined as having both its origin and destina- 
tion at points reached by other railroads, which may also be reached by 
the lines of this company or its connections." 

When the agreement was entered into the Canadian National alone was 
carrying grain from points on the Northern Company to both Victoria and Prince 
Rupert. The Canadian Pacific had no line to Prince Rupert and while it had 

6C461-H 



160 



facilities at Victoria it had declined to put in a through rate for export to this 
point. In fact one of the first applications I heard after becoming a member of 
the Board was an application to compel the Canadian Pacific to put in such a 
rate. The company refused to do so, chiefly on the ground that it was too 
expensive to carry grain to Victoria for export at the rates which would have to 
be put in. The Canadian Pacific notwithstanding it refused to carry grain to 
Victoria, now insists that any grain carried there by the Canadian National shall 
be apportioned under the agreement. In other words, that for every car the 
Canadian National hauls over its lines to Victoria a car shall be apportioned to 
the Canadian Pacific for carriage to Vancouver. 

It will be seen then that the Canadian National prior to the making of the 
agreement had certain exclusive rights with regard to the carriage of traffic 
routed to Victoria or to Prince Rupert. If the contention of the Canadian 
Pacific is right the Canadian National deliberately abandoned these exclusive 
rights. I can find nothing in the agreement to justify such a position. 

Mr. Tilley based his main argument on clauses 2 and 11 of the agreement. 
Clause 2 reads as follows: — 

" Each of the parties hereto shall assume the payment of and be 
liable for one-half of the purchase price payable (with interest) and one- 
half of the obligations to be assumed by the purchasers under the said 
Agreement, and shall Ibe entitled to one-half of the benefits to be derived 
therefrom, it being the intention of the parties that the said Agreement 
shall be for their equal benefit and advantage." 
Clause 11 reads as follows: — 

" The parties agree to co-operate with fairness and candour toward 
each other, and to give effect to this agreement in the most liberal and 
reasonable manner to the intent that each of them shall receive its full 
and equal share of the benefits of the joint undertaking, subject to the 
provisions of clause 4 hereof." 
Referring to the agreement, he said: — 

" The document is clearly one that sets up a sort of partnership 
arrangement, an agreement to co-operate on certain lines, each company 
pledging itself to carry out the spirit of the arrangement. As far as could 
be done in a practical sense there was to be a fifty-fifty arrangement 
between the two railway companies." 
And again: — 

" Then when you look at clause 2 it confirms that view. Each of 
the parties shall assume the payment of and be liable for one-half of the 
obligations to be assumed by the purchasers and shall be entitled to one- 
half the benefits to be derived." 
True, under the agreement the parties are to have equal benefits because 
they are taking equal shares in the new company, but equal benefits in w T hat? 
Surely the benefits referred to are the benefits to be derived from the operation 
of the new company. There is nothing in the agreement to suggest that it 
applies to benefits to be derived from the operation of their own lines apart} 
from the clause which provides for the equal apportionment of outbound traffic 
destined to competitive points. 

I would give the words in the agreement the meaning which those words 
are ordinarily understood to convey among railway men, and hold that Prince 
Rupert is not a competitive point within the meaning of the agreement. I hold 
further that until such time as the Canadian Pacific files a through tariff for 
export wheat to Victoria, the latter point is not competitive within the meaning 
of the agreement. 

July 11, 1933. 

The Assistant Chief Commissioner concurred. 



161 



ORDER No. 50139 

In the matter of the application of the Canadian National Railways for an 
inquiry and hearing by the Board and a determination in the matter of a 
dispute between the Canadian National Railway Company, the Canadian 
Pacific Railway Company and the Northern Alberta Railways Company 
in respect of an agreement, dated January 29, 1929, and the provisions of 
Chapter 4$ of the Statutes of Canada, 1929, the dispute arising over the 
interpretation of the words u and destined via Edmonton or Morinville to 
competitive points on or beyond the lines of the parties " contained in 
Clause 7 of the said agreement. 

File No. 38702 

Wednesday, the 12th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

Upon hearing the application at the sittings of the Board held at Ottawa, 
July 4, 1933, in the presence of counsel and representatives for the Canadian 
National Railways, the Canadian Pacific Railway Company and the Northern 
Alberta Railways Company, and the arguments of counsel, — 

The Board declares, for the reasons set out in the judgment, that Prince 
Rupert is not a competitive point within the meaning of clause 7 of the agree- 
ment, and that, until such time as the Canadian Pacific Railway Company files 
a through tariff for export wheat to Victoria, the latter point is not competitive 
within the meaning of the said agreement. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50079 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act; and Order No. 47229, dated August 5, 
1931; Order No. 47488 dated October 6, 19S1 and Order No. 47850 dated 
December 16, 1931: 

File No. 34822.13 

Monday, the 3rd day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board orders: 

1. That the tolls published in items 3- A, 4, 173 and 299A of Supplement 
No. 34 to Tariff C.R.C. No. 856, filed by the Dominion Atlantic Railway Com- 
pany under section 9 of the Maritime Freight Rates Act, be, and they are 
hereby, approved subject to the provisions of subsection 3 of section 3 of the 
said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act in traffic carried 
on and after September 23, 1932, under the said items 3-A, 4, 173 and 299A of 
Supplement No. 34 to tariff C.R.C. No. 856 approved herein are as follows:— 



162 

For Item 3-A Rates in centg 

* 10111 per 100 pounds 

Hartville, N.S o 7 i 

Hantsport, N.S V. V. V. . . . '. iO 

Horton Landing. N.S 411 

Port Williams. N.S 44 

Kentville. N.S. It 

Coldbrook. N.S 40 

Berwick, N.S ^ 50 

Kingston, N.S 591 

Paradise, N.S 54* 

Annapolis, N.S ' \) \ [ 571 

Hebron, N.S [[ ' 59 

Yarmouth, N.S. 55 

Brooklyn, N.S ' ' ' 40 

Mosherville, N.S ' 41i 

Clarksville, N.S V .'.* 44 

Kennetcook, N.S 45 

Mill Village, N.S .V .' ." \\ 45 

Kingsport, N.S 50 

Sheffield Mills. N.S 49 

Bill Town, N.S 50 

Grafton, N.S 52i 

Weston, N.S .' . ' 54 

For Item 4 — The third class rates in effect prior to July 1, 1927. 
For Item 173— The tenth class rates in effect prior to July 1, 1927. 
For Item 299-A— The fourth class nates in effect prior to July 1, 1927. 

3. And the Board further Orders that the said Order No. 47229, dated 
August 5, 1931, Order No. 47488 dated October 6, 1931. and Order No. 47850 
dated December 16, 1931, be and they are hereby rescinded. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50081 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act: 

File No. 34822.13 

Monday, the 3rd day of July, A.D. 1933. 

i Hon. C. P. Fullerton, K.C., Chief Commissioner. 

S. J. McLean, Asst. Chief Commissioner. 

The Board orders: 

1. That the tolls published in items 245-A and 246 of Supplement No. 30 
to Tariff C.R.C. No. 856 filed by the Dominion Atlantic Railway Company 
under section 9 of the Maritime Freight Rates Act, be, and they are hereby, 
approved subject to the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement, under subsection 3 of section 9 of the said Act on traffic carried 
on and after September 23, 1932, under the said items 245-A and 246 of Supple- 
ment No. 30 to Tariff C.R.C. No. 856, approved herein, are as follows: — 



For Item 245-A Rates in cents 

To per 100 pounds 

Halifax. N.S 21\ 

Truro, N.S Local 24 

Truro, N.S Furtherance 17* 

Wolfville, N.S 14 

Port Williams, N.S 14 

Kentville, N.S 16£ 



For Item 246 — The first class rates in effect prior to July 1, 1927. 

C. P. FULLERTON, 

Chief Commissioner. 



163 



ORDER No. 50084 

hi the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act: s 

File No. 34822.13 

Monday, the 3rd day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board orders: 

1. That the tolls published in item 76 of Supplement No. 38 to Tariff C.R.C. 
No. 856 filed by the Dominion Atlantic Railway Company under section 9 of 
the Maritime Freight Rates Act, be, and they are hereby, approved subject to 
the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
on or after September 23> 1932, under the said item 76 of Supplement No. 38 
to Tariff C.R.C. No. 856, approved herein, are as follows: — 

Rates in cents 
per 100 pounds 

Less than carloads - 35i 

Carloads 23 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50085 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act: 

File No. 34822.13 

Monday, the 3rd day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board orders: 

1. That the tolls published in item 294 of Supplement No. 49 to Tariff 
C.R.C. No. 856 filed by the Dominion Atlantic Railway Company under section 
9 of the Maritime Freight Rates Act, be, and they are hereby, approved subject 
to the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said item 294 of Supplement No. 49 to Tariff C.R.C. No. 856, 
approved herein, are as follows: — 

Rates in cents 

To per 100 pounds 

Aylesford, N.S 12* 

Kentville, N.S 9 

Windsor, N.S 14 



C. P. FULLERTON, 

Chief Commissioner. 



164 



ORDER No. 50086 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act: 

File No. 34822.13 

Monday, the 3rd day of July, A.D. 1933. 

Hon. C. P. Fvllerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board orders: 

1. That the tolls published in items 1,96 and 198 of Supplement No. 47 to 
Tariff C.R.C. No. 856 hied by the Dominion Atlantic Railway Company under 
section 9 of the Maritime Freight Rates Act, be, and they are hereby, approved 
subject to the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said items 196 and 198 of Supplement No. 47 to Tariff C.R.C. No. 856, 
approved herein, is 14 cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50087 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act: 

File No. 34822.13 

Monday, the 3rd day of July, A.D. 1933. 

Hon. C. P. Ftjllerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board orders: 

1. That the tolls published in item 72 of Supplement No. 42 to Tariff C.R.C. 
No. 856 filed by the Dominion Atlantic Railway Company under section 9 of 
the Maritime Freight Rates Act, be, and they are hereby, approved subject to 
the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said item 72 of Supplement No. 42 to Tariff C.R.C. No. 856, approved 
herein, are the fourth class rates in effect prior to July 1, 1927. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50088 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act: 

File No. 34822.13 

Monday, the 3rd day of July, A.D. 1933. 

Hon. C. P. Ftjllerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board orders: 

1. That the tolls published in item 286-B of Supplement No. 50 to Tariff 
C.R.C. No. 856 filed by the Dominion Atlantic Railway Company under section 
9 of the Maritime Freight Rates Act, be, and they are hereby, approved subject 
to the provisions of subsection 3 of section 3 of the said Act. 



165 



2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said item 286-B of Supplement No. 50 to Tariff C.R.C. No. 856, 
approved herein, are the fourth class rates for less than carloads and the seventh 
class for carloads in effect prior to July 1, 1927. 

C. P. FULLERTON, 

Chief Co?nmissioner. 



ORDER No. 50089 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Bates Act: 

File No. 34822.13 
Monday, the 3rd day of July, A.D. 1933. 
Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 
The Board orders: 

1. That the toll published from Truro, N.S. (Ex Amherst, N.S.), in item 
198 of Supplement No. 48 to Tariff C.R.C. No. 856 filed by the Dominion 
Atlantic Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and it is hereby, approved subject to the provisions of subsection 3 of section 
3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said item 198 of Supplement No. 48 to Tariff C.R.C. No. 856, 
approved herein, is 15^ cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50090 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act: 

File No. 34822.2 
Monday, the 3rd day of July, A.D. 1933. 
Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 
The Board orders- That the tolls published in Tariff C.R.C. No. 2025, filed 
by the Canadian National Railways under section 3 of the Maritime Freight 
Rates Act, be, and they are hereby, approved subject to the provisions of sub- 
section 3 of the said section 3. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50091 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act; and Order No. 47228, dated August 14, 
1931, and Order No. 47614, dated November 5, 1931. 

File No. 34822.13 
Monday, the 3rd day of July, A.D. 1933. 
Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 
The Board orders: 

1. That the tolls published in items 2, 171 and 262-A of Supplement No. 27 
to Tariff C.R.C. No. 856 filed by the Dominion Atlantic Railway Company 



166 



under section 9 of the Maritime Freight Rates Act, be, and they are hereby, 
approved subject to the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement, under subsection 3 of section 9 of the said Act to apply on traffic 
carried on and after September 23, 1932, under the said items 2, 171 and 262-A 
of Supplement No. 27, to Tariff C.R.C. No. 856, approved herein, are as 
follows: — 

For Item 2 Kates in cents 

From per 100 pounds 

Windsor, N.S 59 

Kentville, N.S 57^ 

Kingsport, N.S 61J 

Weston, N.S 66* 

Midclleton, N.S 54 

Bridgetown, N.S 52J 

Annapolis, N.S 50 

Clementsport,_N.S 49 

Bear River, N.S . . 45 

Digby, N.S 44 

Bloomfield, N.S 41| 

Plymton, N.S 39 

Weymouth, N.S 35 

Church Point, N.S 34 

Little Brook, N.S 3H 

Parker Eakins Siding, N.S 27i 

Sigogne, N.S 26A 

Hectanooga, N.S 22J 

Brazil Lake, N.S klf 

For Item 171 — The third class rates in effect prior to July 1, 1927. 
For Item 262-A — Less carloads, the 6th class rates, carloads the 10th Class rates in 
effect prior to July f, 1927. 

3. And the Board further orders that the said Order No. 47228, dated 
August 14, 1931, and Order No. 47614, dated November 5, 1,931, be, and they 

are hereby, rescinded. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50092 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act: 

File No. 34822.13 

Monday, the 3rd day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board orders: 

1. That the toll published in item 289 of Supplement No. 45 to Tariff* 
C.R.C. No. 856 filed by the Dominion Atlantic Railway Company under section 
9 of the Maritime Freight Rates Act, be, and it is hereby, approved subject to 
the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said item 289 of Supplement No. 45 to Tariff C.R.C. No. 856, 
approved herein, is 27 cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



167 



ORDER No. 50080 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act: 

File No. 34822.13 

Tuesday, the 4th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board orders: 

1. That the toll published from Truro, N.S. (Ex Fort Lawrence, N.S.), in 
item 198-A of Supplement No. 54 to Tariff C.R.C. No. 856 filed by the Dominion 
Atlantic Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and it is hereby, approved subject to the provisions of subsection 3 of section 
3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said item 198-A of Supplement No. 54 to Tariff C.R.C. No. 856 
approved herein is 15^ cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



ORL>ER No. 50082 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freiqht Rates Act: 

File No. 34822.13 

Tuesday, the 4th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board orders: 

1. That the toll published in item 127-B of Supplement No. 55 to Tariff 
C.R.C. No. 856 filed by the Dominion Atlantic Railway Company under section 
9 of the Maritime Freight Rates Act, be, and it is hereby, approved subject to 
the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said item 127-B of Supplement No. 55 to Tariff C.R.C. No. 856 
approved herein is 1,0 cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



168 



ORDER No. 50083 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act: 

File No. 34822.13 

Tuesday, the 4th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board orders: 

1. That the toll published in item 112 of Supplement No. 53 to Tariff 
C.R.C. No. 856 filed by the Dominion Atlantic Railway Company under section 
9 of the Maritime Freight Rates Act, be, and it is hereby, approved subject to 
the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said item 112 of Supplement No. 53 to Tariff C.R.C. No. 856 
approved herein is 4 cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50105 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act: 

File No. 34822.13 

Tuesday, the 4th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board orders: 

1. That the tolls published in Supplement No. 6 to Tariff C.R.C. No. 804, 
filed by the Dominion Atlantic Railway Company under section 9 of the 
Maritime Freight Rates Act, be, and they are hereby, approved subject to the 
provisions of subsection 3 of section 3 of the said Act. 

The Dominion Atlantic Railway proportion to be reported as follows: — 

Cents 

To per 100 pounds 

St. Bazil, N.B 4.4 

Edmundston, N.B 4.6 

Fredericton, N.B 4.68 

South Devon, N.B 4.68 

2. And the Board hereby certifies that the Dominion Atlantic Railway 
proportion of the normal tolls for the purpose of reimbursement under subsection 
3 of section 9 of the said Act on traffic carried under the said Supplement 
No. 6 to Tariff C.R.C. No. 804, approved herein, are as follows: — 

Cents 

To per 100 pounds 

St. Bazil, N.B 5.5 

Edmundston, N.B 5.75 

Fredericton, N.B 5.85 

South Devon, N.B 5.85 



C. P. FULLERTON, 

Chief Commissioner. 



169 



ORDER No. 50106 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act: File No. 34822.13 

Tuesday, the 4th day of July, A.D. 1933. 

Hon. C. P. Ftjllerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board orders: 

1. That the tolls published in item 101 of Supplement No. 40 to Tariff 
C.R.C. No. 856, filed by the Dominion Atlantic Railway Company under section 
9 of the Maritime Freight Rates Act, be, and they are hereby, approved subject 
to the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said item 101 of Supplement No. 40 to Tariff C.R.C. No. 856, 
approved herein, are the third class rates in effect prior to July 1, 1927. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50107 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act: File No. 34822.13 

Tuesday, the 4th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The B oard orders * 

1. That the tolls published in Tariff C.R.C. No. 868, filed by the Dominion 
Atlantic Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and they are hereby, approved subject to the provisions of subsection 3 of 
section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said Tariff C.R.C. No. 868, from September 23, to December 31, 1932, 
are as follows: — 

Rates in cents per 100 pounds unless otherwise stated 
Bars, iron or steel to zinc, Dried fruits, groceries, and 
plate or sheet inclusive, hardware classifying first and 



To 

Beaver Bank, N.S . . 
Mount Uniacke, N.S . 
Ellershouse. N.S . . . 

Newport, N.S 

Windsor, N.S 

Hantsport. N.S . . 
Wolfville, N.S. . .. 
Port Williams, N.S. 
Kentville, N.S . . 

Canning, N.S 

Kingsport, N.S . . 

Billtown, N.S 

Weston, N.S 

Waterville, N.S . . . 
Aylesf ord, N.S . . 

Kingston, N.S 

Middleton, N.S . . 
Lawrencetown, N.S. 
Bridgetown, N.S . . . 



groceries and hardware 
classifying third and fourth 
class. 

124 
15 



19 



second class. 



2H 



24 



25 



16| 



20 



25 



29 



32| 



170 



To 

Beaver Bank, N.S.. 
Mount Uniaeke. N.S, 

Eilershouse. N.S . . . 
Newport, N.S 

Windsor, N.S 

K'antsport, N.S . . 
Wolfville, N.S. . 
Port Williams, N.S. 

Kentville, N.S . . 

Canning, N.S 

Kingsport, N.S.. 

Billtown, N.S. . 

Weston, N.S 

Waterville, N.S . . . 
Aylesf ord, N.S . . 
Kingston, N.S . . . . 
Middleton, N.S. . . . 

Lawieneetown. N.S.. 
Bridgetown, N.S . . . 



Rates in cents per 100 pounds unless otherwise stated 
Petroleum Fresh Molasses 

products fruits per cask 



12* 
1.5 



20 
25 

3H 

36* 

39 



52.15 
2.65 

3.00 

3.2.5 

4.00 



41* 4.2.5 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50123 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. File No. 34822.13 

Tuesday, the 4th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the tolls published in Tariff C.R.C. 869, filed by the Dominion 
Atlantic Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and they are hereby, approved, subject to the provisions of subsection 3 of 
section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act carried under the 
said Tariff C.R.C. No. 869 on and after September 23, 1932, are as follows:— 

Rates in cents per 100 lbs. 



To 



Brazil Lake, N.S.. . . 
Hectanooga, N.S. . . . 

Meteghan, N.S 

Blackadars, N.S 

Saulnierville, N.S. . . 
Little Brook, N.S. . . 
Church Point, N.S. . . 

Wevmouth, N.S 

Plympton, N.S 

North Range, N.S. . . 

Bloomfield, N.S 

Digby, N.S 

Bear River, N.S. . . . 
Clementsport, N.S. . . 
Annapolis Royal, N.S. 
Bridgetown, N.S. . . . 
Middleton, N.S 



Bars, 


Dried 


Iron or Steel to 


Fruits, Groceries and 


Zinc Plate or 


Hardware, classifying 


Sheet. Groceries 


first and second class, 


and Hardware 


except Dried Fruits 


classifying third 


to Meteghan and 


and fourth class 


North Range, N.S. 


9 


15 


10 


io* 


12| 


20 


12* 


22*. 


14 


25 


m 


27J 


in 


. 30 


19 


3IJ 


20 


32J 


21* 


35 


21* 


36i 


22^ 


37i 


24 


39 



171 



19£ cents per 100 lbs. 
29 cents per 100 lbs. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50098 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act: 

File No. 34822.13 

Thursday, the 6th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board orders: 

1. That the toll published in Tariff C.R.C. No. 886, filed by the Dominion 
Atlantic Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and it is hereby, approved subject to the provisions of subsection 3 of section 
3 of the said Act; the Dominion Atlantic Railway proportion to be reported at 
18.4 cents per 100 pounds. 

2. And the Board hereby certifies that the Dominion Atlantic Railway 
proportion of the normal toll for the purpose of reimbursement under subsection 
3 of section 9 of the said Act on traffic carried under the said Tariff C.R.C. 
No. 886, approved herein, is 23 cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50099 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act: 

File No. 34822.13 

Thursday, the 6th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board orders: 

1. That the toll published in Tariff C.R.C. No. 885, filed by the Dominion 
Atlantic Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and it is hereby, approved subject to the provisions of subsection 3 of section 
3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said Tariff C.R.C. No. 885, approved herein, is 21 cents per 100 
pounds. 

CP. FULLERTON, 

Chief Commissioner. 



Dried Fruits 
To 

Meteghan, N.S. . . 
North Range, N.S 



172 



ORDER No. 50100 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act: 

File No. 34822.13 

Thursday, the 6th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commiissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board orders: 

1. That the tolls published in Tariff C.R.C. No. 883, filed by the Dominion 
Atlantic Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and they are hereby, approved subject to the provisions of subsection 3 of 
section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said Tariff C.R.C. No. 883, approved herein, are as follows: — 

Rates in cents per 100 pounds 
Column A Column B 

3Qh 34 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50101 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act: 

File No. 34822.13 

Thursday, the 6th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board orders: 

1. That the tolls published in Tariff C.R.C. No. 882, filed by the Dominion 
Atlantic Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and they are hereby, approved subject to the provisions of subsection 3 of 
section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said Tariff C.R.C. No. 882, approved herein, are as follows: — 

Rates in cents per 100 pounds 
Lake and Rail All Rail 

47 m 

C. P. FULLERTON, 

Chief Commissioner. 



173 



ORDER No. 50102 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act: 

File No. 34822.13 

Thursday, the 6th day of July, A.D. 1933. 

Hon. C. P. Ftjllertgn, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board orders: 

t That the toll published in Tariff C.R.C. No. 881, filed by the Dominion 
Atlantic Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and it is hereby, approved subject to the provisions of subsection 3 of section 
3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said Tariff C.R.C. No. 881, approved herein, is 22^ cents per 100 
pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50103 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act: 

File No. 34822.13 

Thursday, the 6th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board orders: 

1. That the tolls published in Tariff C.R.C. No. 878, filed by the Dominion 
Atlantic Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and they are hereby, approved subject to the provisions of subsection 3 of 
section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said Tariff C.R.C. No. 878, approved herein, are as follows: — 

Rates in cents 

To per 100 pounds 

Sherbrooke ? , Que 1 

Farnham, Que I 

St. Johns, Que f 26 

Montreal. Que J 

Ottawa, Ont 26^ 

Toronto, Ont 35 

C. P. FULLERTON, 

Chief Commissioner. 

6G461— 2 



174 



ORDER No. 50104 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act: 

File No. 34822.13 

Thursday, the 6th day of July, A.D. 1933. 
Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board orders: 

1. That the tolls published in Tariff C.R.C. No. 876, filed by the Dominion 
Atlantic Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and they are hereby, approved subject to the provisions of subsection 3 of 
section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said Tariff C.R.C. No. 876, approved herein, are as follows:— 

Rates in cents 

To per 100 pounds 

Sherbrooke, Que ] 

Farnham, Que I 

St. Johns, Que f 26 

Montreal, Que J 

St. Eustache, Que 29 

Ottawa, Ont 29i 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50125 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Bates Act: 

File No. 34822.2 

Thursday, the 6th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board orders: That the tolls published in Supplement No. 38 to Tariff 
C.R.C. No. E-1234, filed by the Canadian National Railways under section 3 
of the Maritime Freight Rates Act, be, and they are hereby, approved subject 
to the provisions of subsection 3 of the said section 3. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50117 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freipht Rates Act. 

File No. 34822.13 

Thursday, the 6th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the tolls published in Tariff C.R.C. No. 887, filed by the Dominion 
Atlantic Railway Company under section 9 of the Maritime Freight Rates Act, 



175 



be, and they are hereby, approved, subject to the provisions of subsection 3 of 
section 3 of the said Act. The Dominion Atlantic Railway Company's propor- 
tion to be reported at 9-5 cents per 100 pounds. 

2. And the Board hereby certifies that the Dominion Atlantic Railway 
Company's proportions of the normal tolls for purpose of reimbursement under 
subsection 3 of section 9 of the said Act on traffic carried under the said Tariff 
C.R.C. No. 887 are as follows:— 

Rates in cents 

On per 100 pounds 

Mineral water 11.8 

Empty bottles 11.8 

C. P. FULLERTON, 

C hief C om missioner. 



ORDER No. 50119 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.13 

Thursday, the 6th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published to Bridgetown, N.S., in item 75A of Supplement 
No. 2 to Tariff C.R.C. No. 866, filed by the Dominion Atlantic Railway Company 
under section 9 of the Maritime Freight Rates Act, be, and it is hereby, approved, 
subject to the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act to apply on traffic 
carried under the said item 75A of Supplement No. 2 to Tariff C.R.C. No. 866, 
approved herein, is 12 cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50124 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.13 

Thursday, the 6th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the tolls published in item 165 of Tariff C.R.C. No. 866, filed by 
the Dominion Atlantic Railway Company under section 9 of the Maritime 
Freight Rates Act, be, and they are hereby, approved, subject to the provisions 
of subsection 3 of section 3 of the said Act. 



176 



2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said item 165 of Tariff C.R.C. No. 866, approved herein, are as fol- 
lows: — 

Rates in cents per 100 lbs. 
Less than 

From To Carloads Carloads 

Truro, N.S. Middleton, N.S 30| 18 

Bridgetown, N.S 32j 19 

Yarmouth, N.S 40 24 

Halifax, N.S. Middleton, N.S 27i I5j 

Bridgetown. N.S 30| 18 

Yarmouth, N.S 36^ 22 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50116 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act; and Order No. ^7^89, dated October 6, 
1931. 

File No. 34882.13 

Friday, the 7th day of July, A.D. 1933. 

Hon. C. P. Fullerton. K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the tolls published in Supplement No. 1 to Tariff C.R.C. No. 858, 
filed by the Dominion Atlantic Railway Company under section 9 of the Mari- 
time Freight Rates Act, be, and they are hereby, approved, subject to the pro- 
visions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said Supplement No. 1 to Tariff C.R.C. No. 858, approved herein, are 



as follows: — 

Rates in cents 

From * per barrel 

Paradise, N.S 20 

Lawrencetown. N.S 19 

Middleton. N.S Ill 

Wilmot, N.S 15 

Kingston, N.S 14 

Auburn, N.S 14 

Aylesford, N.S 14 

Berwick, N.S 13 

Waterville, N.S 13J 

Cambridge, N.S 13£ 



3. And the Board furthers orders that the said Order No. 47489, dated 
October 6, 1931, be, and the same is hereby, rescinded. 

C. P. FULLERTON, 

Chief Commissioner. 



177 



ORDER No. 50118 

In the matter of tariffs, and supplements to tariff s } filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.13 

Friday, the 7th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the tolls published in Tariff C.R.C. No. 884, filed by the Dominion 
Atlantic Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and they are hereby, approved, subject to the provisions of subsection 3 of 
section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said Tariff C.R.C. No. 884, approved herein, are as follows: — 

Rates in cents per 100 lbs. 



Minimum Minimum Minimum 

To weight weight weight 

30,000 lbs. 60,000 lbs. 80,000 lbs. 

Belleville Ont , ... 34$ 32 $ 

Brantford, Ont ... 37 34* 

Brockville, Ont ... 34 31$ 

Cornwall, Ont ... 34 31$ 

Hamilton, Ont ... 34 32 

Kingston, Ont ... 33 $ 31 

Lindsay, Ont ... 41 39 

London, Ont ... 37$ 35 

Montreal, Que ... 32 26$ 

Oshawa, Ont ... 34$ 32 

Ottawa, Ont ... 38* 36* 

Peterboro, Ont ... 41$ 39$ 

Quebec, Que. . . . ". ... 30$ 26 J 

St. Catharines, Ont ... 34 31$ 

Sarnia, Ont ... 37 35 

Sault Ste. Marie, Ont ... 361 34$ 

Smiths Falls, Ont 42$ — — 

Trois Rivieres, Que ... 32$ 27$ 

Toronto, Ont ... 34$ 32 



1$ cents per 100 lbs. to be deducted from the above tolls, account of water haul. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50120 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.13 

Friday, the 7th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the tolls published to Windsor, Ontario, in Tariff C.R.C. No. 889, 
filed by the Dominion Atlantic Railway Company under section 9 of the Mari- 
time Freight Rates Act, be, and they are hereby, approved, subject to the pro- 
visions of subsection 3 of section 3*of the said Act. 

66461—3 



178 



2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said Tariff C.R.C. No. 889, approved herein, are as follows: — 

Rates in cents 
per 100 pounds 

Minimum weight (60,000 lbs.) 37 

Minimum weight (80,000 lbs.) 35 

1| cents per 100 lbs. to be deducted from the above tolls, account of water haul. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50121 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.13 

Friday, the 7th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published in item 19 of Supplement No. 11 to Tariff C.R.C. 
No. 819, filed by the Dominion Atlantic Railway Company under section 9 of 
the Maritime Freight Rates Act, be, and it is hereby, approved, subject to the 
provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said item 19 of Supplement No. 11 to Tariff C.R.C. No. 819, approved 
herein, is 37^ cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50122 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.13 

Friday, the 7th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published in tariff C.R.C. No. 888, filed by the Dominion 
Atlantic Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and it is hereby, approved, subject to the provisions of subsection 3 of sec- 
tion 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said Tariff C.R.C. No. 888, approved herein, is 35^ cents per 100 
pounds; \\ cents per 100 pounds to be deducted account of water haul. 

C. P. FULLERTON, 

Chief Commissioner. 



179 



ORDER No. 50128 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of. 
the Maritime Freight Rates Act; and Order No. 44&05, dated January 17, 
1930. 

File No. 34822.12 

Friday, the 7th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published in from Group 2 to Megantic, Quebec, in item 
83B of Supplement No. 20 to Tariff C.R.C. No. E-4310, filed by the Canadian 
Pacific Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and it is hereby, approved, subject to the provisions of subsection 3 of section 
3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
to Megantic, Quebec, under the said item 83B of Supplement No. 20 to Tariff 
C.R.C. No. E-4310, is 22^ cents per 100 pounds. 

3. And the Board further orders that the normal toll named into Megantic 
in Order No. 44205, dated January 17, 1930, be, and the same is hereby, rescinded. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50132 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.12 

Friday, the 7th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published in item 84 of Supplement No. 23 to Tariff C.R.C. 
No. E-4310, filed by the Canadian Pacific Railway Company under section 9 of 
the Maritime Freight Rates Act, be, and it is hereby, approved, subject to the 
provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
on and after September 23, 1932, under the said item 84 of Supplement No. 23 
to Tariff C.R.C. No. E-4310, approved herein, is 17 cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 

G6461— 3} 



180 



ORDER No. 50111 

In the matter of tariffs and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. pile No. 34822.12 

Saturday, the 8th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published in item 192 of Supplement No. 26 to Tariff C.R.C. 
No. E-4572, filed by the Canadian Pacific Railway Company under section 9 
of the Maritime Freight Rates Act, be, and it is hereby, approved, subject to the 
provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
on and after September 23, 1932, under the said item 192 of Supplement No. 26 
to Tariff C.R.C. No. E-4572, approved herein, is 18 cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50112 

In the matter of tariffs and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act; and Order No. 48787, dated June 27, 
1932. File No. 34822.12 

Saturday, the 8th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 
The Board orders: 

1. That the toll published in item 32 of Supplement No. 4 to Tariff C.R.C. 
No. E-4370, filed by the Canadian Pacific Railway Company under section 9 of 
the Maritime Freight Rates Act, be, and it is hereby, approved, subject to the 
provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said item 32 of Supplement No. 4 to Tariff C.R.C. No. E-4370, 
approved herein, is $1.19^ per 100 pounds. 

3. And the Board further orders that the said Order No. 48787, dated June 
27, 1932, be, and the same is hereby, rescinded. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50113 

In the matter of tariffs and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.12 

Saturday, the 8th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders * 

1. That the toll published in item 407 of Supplement No. 3 to Tariff C.R.C. 
No. E-4370, filed by the Canadian Pacific Railway Company under section 9 of 
the Maritime Freight Rates Act, be, and it is hereby, approved, subject to the 
provisions of subsection 3 of section 3 of the said Act. 



181 



2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said item 407 of Supplement No. 3 to Tariff C.R.C. No. E-4370, 
approved herein, is $1.62^ per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50114 

In the matter of tariffs and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.12 

Saturday, the 8th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the tolls published from Group " H " in Supplement No. 20 to 
Tariff C.R.C. No. E-4322, filed by the Canadian Pacific Railway Company under 
section 9 of the Maritime Freight Rates Act, be, and they are hereby, approved, 
subject to the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under Group " H " rates of the said Supplement No. 20 to Tariff C.R.C. No. 
E-4322, approved herein, are those certified as normal tolls for Group " B " 
rates in the Board's Order No. 49557, dated February 17, 1933. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50115 

In the matter of tariffs and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.12 

Saturday, the 8th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the tolls published in Tariff C.R.C. No. E-4590, filed by the Cana- 
dian Pacific Railway Company under section 9 of the Maritime Freight Rates 
Act, be, and they are hereby, approved, subject to the provisions of subsection 3 
of section 3 of the said Act. 



182 



2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
on and after September 23, 1932, under the said Tariff C.R.C. No. E-4590, 
approved herein, are as follows: — 

Rates in cents 

To per 100 pounds 



Belleville, Ont 34 

Brockville, Ont 33 

Fort William. Ont. (Lake and Rail) 37 

Hamilton, Ont 33 

Kingston, Ont 32£ 

London, Ont 36£ 

Montreal, Que 30 J 

Ottawa, Ont 37 \ 

Quebec, Que 30i 

Port Arthur, Ont. (Lake and Rail) 37~ 

Riviere du Loup, Que 30 

St. Catharines, Ont 33 

Sarnia, Ont 36£ 

Sault Ste. Marie, Ont 36 

Sorel, Que Tl\ 

Thorold, Ont 33 

Toronto, Ont 33£ 

Trois Rivieres, Que 31 

Windsor, Ont 36J 



C. P. FULLERTON, 

C hief C ommissioner. 



ORDER No. 50127 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.12 

Saturday, the 8th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chie[ Commissioner. 

The Board orders: 

1. That the toll published to Fairville, New Brunswick, from stations 
Youngs Cove, New Brunswick, to Annidale, New Brunswick, inclusive, and from 
Scotch Settlement, New Brunswick, and Belleisle, New Brunswick, also the tolls 
published from Group H to New York Central Railway stations in Supplement 
No. 17 to Tariff C.R.C. No. E-4322, filed by the Canadian Pacific Railway Com- 
pany under section 9 of the Maritime Freight Rates Act, be, and they are hereby, 
approved, subject to the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said Supplement No. 17 to Tariff C.R.C. No. E-4322, approved herein, 
is 9 cents per 100 pounds to Fairville, New Brunswick, and 29 cents per 100 
pounds from Group H. 

C. P. FULLERTON, 

Chief Commissioner. 



183 



ORDER No. 50152 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.12 

Saturday, the 8th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean^ Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published in item 155 of Supplement No. 3 to Tariff C.R.C. 
No. E-4632, filed by the Canadian Pacific Railway Company under section 9 of 
the Maritime Freight Rates Act, be, and it is hereby, approved, subject to the 
provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said item 155 of Supplement No. 3 to Tariff C.R.C. No. E-4632, 
approved herein, is 14^ cents per 100 pounds. 

C. P. FULLERTON, 

C hief C ommissioner. 



ORDER No. 50146 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.12 

Saturday, the 8th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published to Edmundston, N.B., in item 380A of Supplement 
No. 6 to Tariff C.R.C. No. E-4632, filed by the Canadian Pacific Railway Com- 
pany under section 9 of the Maritime Freight Rates Act, be, and it is hereby, 
approved, subject to the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said item 380A of Supplement No. 6 to Tariff C.R.C. No. E-4632, 
approved herein, is 33 cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50147 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act: and Order No. 1^211+9, dated February 5, 
1929, and Order No. U174, dated January IS, 1930. 

File No. 34822.12 

Saturday, the 8th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief C ommissicmer . 

The Board orders: 

1. That the tolls published in items 45 A, 50A and 60A of Supplement No. 8 
to Tariff C.R.C. No. E-4314, filed by the Canadian Pacific Railway Company 



184 



under section 9 of the Maritime Freight Rates Act, be, and they are hereby, 
approved, subject to the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said items 45A, 50A and 60A of Supplement No. 8 to Tariff C.R.C. 
No. E-4314, approved herein, are as follows: — 

Item 45A Rates in cents 

To per 100 pounds 

Belleville, Ont 42 

Brantford, Ont 471 

Brockville, Ont. 36 

Chatham, Ont 52 

Cornwall, Ont 37 

Gait, Ont ' ' 47J 

Guelph, Ont 451 

Hamilton, Ont 441 

Ingersoll, Ont 491 

Kingston, Ont 39I 

Kitchener, Ont 471 

London, Ont 49 

Montreal, Que 32^ 

Niagara Falls, Ont 45 

Orillia, Ont 48£ 

Paris. Ont 47i 

Peterboro, Ont 42* 

Port Dalhotisie. Ont 45 

Prescott, Ont 36 

Quebec, Que 28i 

St. Catharines, Ont 45" 

Toronto, Ont 4H 

Trenton, Ont 42* 

Victoria. Park, Ont 45 

Walkerville, Ont 52 

Windsor, Ont 52 

Woodstock, Ont 47£ 

Item 50A 

Saint John, N.B., to Brantford, Ont 56 

Item60A 36J 

3. And the Board hereby further orders that said Order No. 42149, dated 
February 5, 1929, and Order No. 44174, dated January 13, 1930, be, and the 

same are hereby, rescinded. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50148 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.12 

Saturday, the 8th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the tolls published to the Hereford Subdivision and to Midland, 
Ont., in Supplement No. 6 to Tariff C.R.C. No. E-4322, filed by the Canadian 
Pacific Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and they are herby, approved, subject to the provisions of subsection 3 of 
section 3 of the said Act. 



185 



2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said Supplement No. 6 to Tariff C.R.C. No. E-4322, approved herein, 
are to Hereford Subdivision stations the rates to Sherbrooke, P.Q-, and to Mid- 
land, Ont., the rates to Port McNicoll, Ont., published in Canadian Pacific Rail- 
way Tariff C.R.C. No. E-4203. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50149 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act; and Order No. 1+7023, dated July 4, 1931. 

File No. 34822.15 

Saturday, the 8th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the toll of $1.30 per ton published to Edmundston,N.B., in Supple- 
ment No. 13 to Tariff C.R.C. No. 160, filed by the Fredericton and Grand Lake 
Coal and Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and it is hereby, approved, subject to the provisions of subsection 3 of sec- 
tion 3 of the said Act, 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said Supplement No. 13 to Tariff C.R.C. No. 160, approved herein, is 
$1.65 per ton. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50140 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Bates Act. 

File No. 34822.13 

Monday, the 10th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the tolls published in Supplement No. 1 to Tariff C.R.C. No. 874, 
filed by the Dominion Atlantic Railway Company under section 9 of the Mari- 
time Freight Rates Act, be, and they are hereby, approved, subject to the pro- 
visions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 



186 



from September 23, 1932, to January 18, 1933, inclusive, under the said Supple- 
ment No. 1 to Tariff C.R.C. No. 874, approved herein, are as follows: — 

From 
Ellershouse, N.S 
Windsor, N.S. . 
Falmouth, N.S. 
Hantspoft, N.S. 
Avonport. N.S. . 
Port Williams, 1 
Kentville, N.S. 
Coldbrook, N.S. 
Berwick, N.S. . . 
Aylesford, N.S. 
Kingston. N.S. . 
Wilmot N.S. . . 
Annapolis Royal 
Clementsport, N. 
Digby, N.S. . . . 
North Range, N, 
Yarmouth, N.S.. 
Brooklyn. N.S. . 
Masherville, N.S 
Clarksville, N.S. 
Kennetcook, N.S 
Patterson's, N.S. 
Burton's, N.S. . . 
South Maitland, 
Clifton, N.S. . . 
Lower Truro, N. 
Mill Village. N.S 
Kingsport, N.S. 
Billtown. N.S. . 
Grafton, N.S. . . 
Somerset, N.S. . 
Weston, N.S. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50141 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.13 
Monday, the 10th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLeaNj Assistant Chief Commissioner. 
The Board orders: 

1. That the toll published in Tariff C.R.C. No. 870, filed by the Dominion 
Atlantic Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and it is hereby, approved, subject to the provisions of subsection 3 of sec- 
tion 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said Tariff C.R.C. No. 870, approved herein, is 24 cents per 100 pounds, 
1^ cents per 100 pounds to be deducted account of water haul. 

C. P. FULLERTON, 

Chief Commissioner. 



Rates in cents 
per barrel 

m 
m 

121 

14 

15§ 

17i 

20 

22 

224 

12| 

14 

15i 

17| 
174 
154 

15£ 

174 



187 



ORDER No. 50142 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.13 

Monday, the 10th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the tolls published in Tariff C.R.C. No. 877, filed by the Dominion 
Atlantic Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and they are hereby, approved, subject to the provisions of subsection 3 of 
section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said Tariff C.R.C. No. 877, approved herein, are the third and fifth 
class rates in effect prior to July 1, 1927. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50144 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act; and Order No. 49294. dated December 
10, 1932. 

File No. 34822.13 

Monday, the 10th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.O., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner.. 

The Board orders: 

1. That the tolls published in Tariff C.R.C. No. 875, filed by the Dominion 
Atlantic Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and they are hereby approved, subject to the provisions of subsection 3 of 
section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said Tariff C.R.C. No. 875, approved herein, are those published in 
Dominion Atlantic Railway Tariff C.R.C. No. 670 except from points in the 
North Mountain Branch, the normal tolls for which are as follows: — 

Rates in cents per barrel 
Less than carload Carload 



45 34^ 



Billtown. N.S 

Lakeville, N.S 

Oyler's Siding. N.S 

Woodville. N.S 

Grafton, N.S 

Somerset. N.S ) ocr1 

Weston, N.S | 46 ^ 35 * 

3. And the Board further orders that the said Order No. 49294, dated 
December 10, 1932, be, and the same is hereby, rescinded. 

C. P. FULLERTON, 

Chief Commissioner. 



188 



ORDER No. 50145 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.12 

Monday, the 10th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the tolls to Quebec, P.Q., published in item 90 of Tariff C.R.C. No. 
E-4645, filed by the Canadian Pacific Railway Company under section 9 of the 
Maritime Freight Rates Act, be, and they are hereby, approved, subject to the 
provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
to Quebec, P.Q., under the said item 90 of Tariff C.R.C. No. E-4645, approved 
herein, are as follows: — 

Rates in cents 
per 100 pounds 

Group 1 21£ 

Group 2 25i 

C. P. FULLERTON, 

Chief Commissioner. 

ORDER No. 50155 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.2 

Wednesday, the 12th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: That the tolls published in Supplement No. 20 to Tariff 
C.R.C. No. E-1238; Supplement No. 19 to Tariff C.R.C. No. E-1241; and 
Tariff C.R.C. No. E-2029, filed by the Canadian National Railways under section 
3 of the Maritime Freight Rates Act, be, and they are herby approved, subject 
to the provisions of subsection 3 of the said section 3. 

C. P. FULLERTON, 

C hief C ommission er. 



ORDER No. 50157 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.12 

Wednesday, the 12th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published in item 1072 of Supplement No. 12 to Tariff 
C.R.C. No. E-4632, filed by the Canadian Pacific Railway Company under sec- 
tion 9 of the Maritime Freight Rates Act, be, and it is hereby, approved, subject 
to the provisions of subsection 3 of section 3 of the said Act. 



189 



2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said item 1072 of Supplement No. 12 to Tariff C.R.C. No. E-4632, 
approved herein, is 7-J cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50143 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Mar time Freight Rates Act; and Order No. 50079, dated July 3, 
1 933 

File No. 34822.13 

Wednesday, the 12th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

Upon its appearing that the tolls published in item 3A of Supplement No. 34 
to Tariff C.R.C. No. 856, filed by the Dominion Atlantic Railway Company, are 
shown " per barrel," — 

The Board orders: That the heading for normal tolls for the said item 3A 
in the said Order No. 50079, dated July 3, 1933, now reading " Rates in cents 
per 100 pounds " be deleted, and in lieu thereof the words " Rates per barrel " be 
substituted. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50153 

In the matter of tariffs,, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act; and Order No. 50103, dated July 6, 
1933 

File No. 34822.13 

Thursday, the 13th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chiefs Commissioner. 

The Board orders: 

1. That the tolls published in Tariff C.R.C. No. 878, filed by the Dominion 
Atlantic Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and they are hereby, approved, subject to the provisions of subsection 3 of 
section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said Tariff C.R.C. No. 878, approved herein, are as follows: — 

Rates in cents 

To per 100 pounds 

Shebrooke, Que 1 

Farnham, Que i na 

St. Johns, Que f 2b 

Montreal, Que J 

Ottawa, Ont 29J 

Toronto, Ont 35 

3. And the Board further orders that the said Order No. 50103, dated July 
6, 1933, be, and the same is hereby, rescinded. 

C. P. FULLERTON, 

Chief Commissioner. 



190 



ORDER No. 50156 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.2 
Friday, the 14th day of July, A.D. 1933. 
Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 
The Board orders: That the tolls published in Supplement No. 14 to Tariff 
C.R.C. No. E-1702, and Supplement No. 16 to Tariff C.R.C. No. E-1804, filed by 
the Canadian National Railways under section 3 of the Maritime Freight Rates 
Act, be, and they are herby, approved, subject to the provisions of subsection 3 
of the said section 3. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50158 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.14 
Friday, the 14th day of July, A.D. 1933. 
Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 
The Board orders: 

1. That the tolls published to Trois Rivieres, P.Q., via Route No. 2 in Tariff 
C.R.C. No. 691, filed by the Temiscouata Railway Company under section 9 of 
the Maritime Freight Rates Act, be, and they are hereby, approved, subject to 
the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that for the purpose of reimbursement 
under subsection 3 of section 9 of the said Act, the Temiscouata Railway Com- 
pany's proportion is to be reported as shown in column 1, and normal tolls as 
shown in column 2: — 

From 

Group A Group B 

Via Route No. 2 Cents per 100 pounds 

Column Column 
12 12 

Trois Rivieres, Que 5 6J 7 9 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50165 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.2 
Tuesday, the 18th day of July, A.D. 1933. 
Hon. CP. Fullerton, K.C., Chief Commissioner. 
S. J. McLean 2 Assistant Chief Commissioner. 
The Board orders: That the tolls published in Supplement No. 16 to Tariff 
C.R.C. No. E-1256, Supplement No. 10 to Tariff C.R.C. No. E-1829, and Supple- 
ment No. 4 to Tariff C.R.C. No. E-1911, filed by the Canadian National Rail- 
ways under section 3 of the Maritime Freight Rates Act, be, and they are hereby, 
approved, subject to the provisions of subsection 3 of section 3 of the said Act. 

C. P. FULLERTON, 

Chief Commissioner. 



OTfje Poarti of 

J&atltoap Commissioner* for Canatra 



Judgments, Orders, Regulations, and Rulings 
Vol. XXIII Ottawa, August 15, 1933 No. 11 

This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscription, $3.00; singl* 
numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be made to the King's Printer, 
Ottawa, by postal money order, express order or accepted cheque. The use of currency for this purpose ia 
contrary to the advice of the postal authorities and entails a measure of risk. Postage stamps, foreign money 
or uncertified cheques will not be accepted. No extra charge is made for postage on documents forwarded to 
points in Canada and in the United States, but cost of postage is added to the selling price when documents 
are mailed to other countries. Early application should be made for copies in quantities. Subscriptions 
should be sent, in every case, to the King's Printer, Ottawa, 



Application of the Kotex Company of Canada, Limited, Niagara Falls, Ontario, 
for a ruling of the Board concerning the application of Items 360 and 
360-A of Canadian Freight Association Tariff C.R.C. No. 466, on L.C.L. 
shipments of a product known by the trade name of Kleenex from Niagara 
Falls, Ontario, to British Columbia coast points. 

File 37084.3 

By the Board: 

The applicant and the Canadian Freight Association (on behalf of the rail- 
ways) filed written submissions setting out their contentions respecting the matter 
at issue and requested that the Board issue a ruling upon such submissions and 
without a public hearing. 

The point in issue involves a question of tariff interpretation with respect 
to L.C.L. shipments of Kleenex made from Niagara Falls, Ontario, to British 
Columbia coast points prior to the publication of item 225 in Supplement No. 20 
to Canadian Freight Association Tariff C.R.C. No. 466, effective January 16, 
1933. 

The tariff in question publishes competitive westbound transcontinental 
freight rates on various specifically named commodities from Eastern Canadian 
points of origin to British Columbia coast destinations. A rule in the tariff pro- 
vides : " Rates on commodities named in this tariff are specific and must not 
be applied on analogous articles. Articles for which commodity rates are not 
specifically provided in this tariff will be subject to class rates governed by the 
current Canadian Freight Classification." 

Item 225, already referred to, under which shipments are now handled, reads: 
" Cellulose Napkins, Neck Strips, Towels, Handkerchiefs, Wadding and Sanitary 
Pads." Applicant contends that shipments moving prior to the establishment of 
this item are covered by items 360 and 360A, which is an item with the general 
heading "Dry Goods" and then enumerates numerous articles including: — 

u Towels ^ } °^ ner t nan Cotton," 

and it is these words the applicant relies upon as proving title to the rate pub- 
lished in this item on these shipments. 



66962—1 



191 



192 



The railway companies contend that the rate in the dry goods item applies 
only on towels made of cloth properly coming under the designation of dry goods 
and, as there was no other specific item in the tariff covering, they charged the 
higher class rate governed by the Canadian Freight Classification. They state 
the question of the classification rating to apply on cellulose products was first 
brought to their attention in 1928, in connection with a shipment described as 
cellulose napkins; that as there was no specific item in the Classification to 
cover such articles, they issued a Ruling Circular as instructions to agents reading 
as follows: — 

" Cleansing Tissue: 

" Cleansing Tissue also known as Kleenex, such as shipped by Pond's 
Extract Company, which is used for removing cold cream, is subject to 
ratings established on Paper Goods, N.O.I.B.N." 

This provided for the acceptance of such goods as analogous to paper articles 
N.O.I.B.N., in accordance with the Classification rule (No. 21), regarding 
acceptance of articles not classified at the ratings provided for analogous articles. 
Subsequently there has been included in the Classification a specific item to cover 
these products reading: — 

" Cellulose Handkerchiefs, Napkins, Neck Strips, Towels or Wadding, 
N.O.I.B.N., in boxes, bundles or wrapped rolls." 

The L.C.L. rating chargeable under the present specific item is the same as these 
goods were carried under by the previous instructions to agents, namely 1st class. 

Applicant refers to the traffic being carried under the provisions of the 
instructions to agents and using this description in making shipments until the 
effective date, of the specific classification item and states that during the time 
from their request for a specific item in the Classification and the effective date 
thereof, there had been no change in the construction of the commodity; that by 
the wilful publication of the specific item, the Classification Committee recog- 
nized the error of their ruling in 1928; that " upon this commitment of the com- 
mittee we feel that we the shippers were overcharged on certain shipments (to be 
explained later) account of specific commodity rates in effect at time these certain 
shipments moved, for a change in a commodity description with no change in 
the commodity itself should certainly be retroactive. Overcharge claims were 
filed and declined by defendant carriers." We do not see any point or force to 
the applicant's contention on this point in its relation to the matter at issue, 
which is not a question of the classification provision, but the interpretation of 
the specific tariff item. The two matters are distinct and the provision in the 
classification has, in our view, no bearing whatever on the interpretation of the 
tariff item. If applicant's interpretation of the tariff item is correct, it matters 
not what the classification description is. 

Applicant contends items 360 and 360A apply on shipments of Kleenex. It 
sets out: — 

First, the item provides rates on towels manufactured from any material 
other than cotton. 

Second, specific commodity rates take precedence over class rates. 

Third, carriers have no authority to assess tolls other than those provided 
for in tariffs filed with the Board. 

Fourth, tariffs are to speak for themselves and the intent of the framers of 
the tariff has no effect, unless it is conveyed in the language used in the tariff. 
Ambiguity in tariffs is to be construed in favour of the shipper. 

Briefly commenting on the above points seriatim, it may be stated: — 

First, the item does not say " any materials other than cotton " ; it reads 
" towels other than cotton." The necessity for the words " other than cotton " 
is obvious, because, in another item in the same tariff (350), there is a specific 
provision and a lower rate applying on . " towels made wholly of cotton "; hence 



193 



the necessity for the words used in item 360 to distinguish from the provision 
made in item 350. 

Second, this is correct, except that the latter cannot be exceeded. 

Third, this is correct. 

Fourth, the following citation from the Board's Judgment in the application 
of Dome Mines, Limited, Volume 23, Board's Judgments, Orders, Regulations and 
Rulings, page 54, is relevant here: — 

" This Board, as well as the Interstate Commerce Commission, has 
held that any doubt as to the meaning of a tariff should be construed 
against the party responsible for having such tariff in effect; that the 
intention of the framers of the tariff is not controlling and they are to be 
construed according to the language used, but we also take the same view 
as the Interstate Commerce Commission, namely, that: 

" ' Although doubt as to the meaning of a tariff must be resolved in 
favour of the shipper and against the carrier which compiled it, the doubt 
must be a reasonable one and the terms of a tariff must be taken in the 
sense in which they are generally understood and accepted commercially. 
All of the pertinent provisions of a tariff must be considered together, and 
if those provisions may be said to express the intention of the framers 
under a fair and reasonable construction, that intention must be given 
effect.' 118 I.C.C., 186; 161, I.C.C., 77." 

Neither carriers nor shippers can be permitted to urge for their own purposes, a 
strained and unnatural construction. Concerning the terms of this tariff, as 
they have been generally understood and accepted commercially, it seems very 
clear from this record that for approximately five years the applicant has accepted 
the tariff as not governing on shipments of Kleenex. The wording of the item in 
question has not been changed during all this period, but it is only now that it is 
urged that it governs. So far as we are advised, no other shipper of the same 
products has contended that such item governs. 

The carriers point out that an inspection of the dry goods items in this 
tariff shows that there is not a single paper item in the whole list, paper and 
paper articles being carried in another part of the tariff; that it is obvious from 
this that " towels, other than cotton " in the dry goods list in Item 360, cover 
textile towels; that when these cellulose articles were included in the tariff, it 
was as a separate and distinct item and not under the dry goods list; further 
stating they are quite certain that if they attempted to interpret the entry 
" pins " in this item as applying on husking pins, coupling pins, clevis pins, 
iron or steel pins such as are used for securing wheels to shafts, the Board would 
consider such an argument ridiculous. Applicant states the reference to paper 
articles has no bearing, as these cellulose commodities are not paper articles. 
This seems to us extremely technical, because, to the layman, the articles appear 
as paper and cellulose is described in Webster's Dictionary as " an inert sub- 
stance constituting the chief part of paper." 

The most important point, in our opinion, is whether the article in question 
is actually a towel in any reasonable and proper sense, or within the usual con- 
ception of that term. The Board has before it three boxes of these products 
made by different manufacturers. On one manufactured by the applicant the 
boxes are stencilled " Kleenex Disposable Tissues;" "The Handkerchief for 
Health;" "The Sanitary Way to remove all Cosmetics." On one manufactured 
by the Pond's Extract Company is stencilled "Pond's Tissues;" "For Handker- 
chiefs;" "For Removing Cold Cream." The third package, maker unknown, 
is described as "Facel Cleaning Tissues;" "For Removing Cosmetics;" "For 
Handkerchiefs." There is no reference to towels on any of the packages. The 
carriers state that since these cellulose products have been manufactured in 
Canada, they do not find that the shipping orders, bills of lading, or invoices 

66962—2 



194 



have ever referred to the article as a towel; that where they have had an 
opportunity of inspecting the invoices they find that they described the articles 
as " Kleenex Tissues;" " Facel Cleaning Tissues;" or " Handkerchiefs for Remov- 
ing Cold Cream/' They further state: — 

" It has been our understanding, as well as that of the public at large, 
that a towel was an article to be used for drying the hands, face or body, 
after washing or bathing, also for drying dishes, and for purposes where 
necessary to absorb water. If one will attempt to dry their wet hands 
with one of these cellulose articles, I am sure they will be convinced 
immediately that the term " towel " does not properly describe the article. 



•'In the opinion of the carriers, the word "towel" as applied by the 
complainants to the cellulose products shipped is a misnomer and does not 
properly describe the article shipped." 

The applicant states: — 

" When this commodity was first produced, its intention was to 
eliminate the soiling of hand towels in the removing of cosmetics and 
cold creams, and it was so advertised." 

" It is true that many other uses have been found and suggested for 
the use of Kleenex, such as cleaning the face after applying liquid 
cleansers and lotions, to protect the hair when applying cold cream, for 
manicuring to save towels, removing of excess oil from the hair, cleansing 
and polishing of silver, as guest towels, for wiping razor blades, cleansing 
of eye glasses, etc. — all of these uses eliminating and saving the towels 
manufactured from linens or cottons." 

It will be noted applicant states that Kleenex can be used for many pur- 
poses to avoid " the soiling of hand towels " and for "eliminating and saving 
towels manufactured from linens or cottons." In an advertising slip there is 
described fifty ways to use Kleenex and, being issued by applicant, it is un- 
necessary to here enumerate them. It is advertised for use as a handkerchief 
and as a " special comfort during colds, hay fever and other nose and throat 
infections:" Item 380 in the same tariff makes provision for handkerchiefs at a 
rate much higher than provided for in item 360 for towels and it could as 
logically be contended under the applicant's argument that the handkerchief 
rate is applicable. The article is also advertised for use as lunch napkins, con- 
sequently, under the same argument, it is a napkin. Certainly many of the 
uses specified are not those for which a towel is ordinarily employed, as, for 
instance, a penwiper, emergency blotter, cleaning and polishing shoes, etc. Any 
clean rag, piece of cheesecloth, or tissue may be used for the same purposes, 
but this does not change their character and designation from a cloth or a tissue 
nto a towel. 

RULING 

Upon consideration of the submissions filed and for the reasons herein set 
out, the ruling of the Board is that items 360 and 360A in Canadian Freight 
Association tariff C.R.C. No. 466 are not applicable on shipments of Kleenex. 



Ottawa, Ont., July 24, 1933. 



195 



ORDER No. 50176 

In the matter of tariffs, and supplements to tariffs, filed under the provisions 
of the Maritime Freight Rates Act. 

File No. 34822.13 

Thursday, the 20th day of July, A.D. 1933. 
Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 
The Board orders: 

1. That the toll published to Lawrencetown, Nova Scotia, in item 175D 
of Supplement No. 63 to Tariff C.R.C. No. 817, filed by the Dominion Atlantic 
Railway Company under section 9 of the Maritime Freight Rates Act, be, and 
it is hereby, approved, subject to the provisions of subsection 3 of section 3 
of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said item 175D of Supplement No. 63 to Tariff C.R.C. No. 817, 
approved herein, is 10 cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50177 

In the matter of tariffs, and supplements to tariffs, filed under the provisions 
of the Maritime Freight Rates Act. 

File No. 34822.13 

Thursday, the 20th day of July, A.D. 1933. 
Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 
The Board orders: 

1. That the tolls published in item 2- A of Supplement No. 56 to Tariff 
C.R.C. No. 856, filed by the Dominion Atlantic Railway Company under the 
provisions of section 9 of the Maritime Freight Rates Act, be, and they are 
hereby, approved, subject to the provisions of subsection 3 of section 3 of the 
said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said item 2-A of Supplement No. 56 to Tariff C.R.C. No. 856, 
approved herein, are as follows:— Rates in cents 

From per 100 pounds 

Windsor, N.S 59 

Kentville, N.S 57* 

Kingsport, N.S 61* 

Weston, N.S 66J 

Middleton. N.S 54 

Bridgetown, N.S 52J 

Annapolis, N.S 50 

Clementsport, N.S 49 

Bear River, N.S 45 

Digbv, N.S 44 

Bloomfield, N.S 4H 

Plympton, N.S 39 

Weymouth, N.S 35 

Church Point, N.S / 34 

Little Brook. N.S . 314 

Parker Eakins Siding, N.S 27-| 

Sigogne, N.S 26| 

Hectanooga, N.S 22i 

Brazil Lake, N.S 21J 

C. P. FULLERTON, 

C hief Commissioner. 



196 



ORDER No. 50183 

In the matter of tariffs, and supplements to tariffs, filed under the provisions 
of the Maritime Freight Rates Act; and the Order of the Board No. 
50054, Med June 28, 1933, approving the tolls published in item 90-D 
of Supplement No. 55 to Tariff C.R.C. No. 817 filed by the Dominion 
Atlantic Railway Company. 

File No. 34822.13 

Saturday, the 22nd day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

Upon its appearing that an erroneous normal toll was shown in clause 2; 
of the said Order No. 50054, — 

It is ordered: That Order No. 50054, dated June 28, 1933, be, and it is 
hereby, amended by striking out the figure "6" for distances over 60 to 75 miles 
and substituting therefor the figure "6^". 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50184 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.12 

Saturday, the 22nd day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the tolls published to Tweed, Ontario, in item 1370-B of Supplement 
No. 15 to Tariff C.R.C. No. E-4632, filed by the Canadian Pacific Railway 
Company under section 9 of the Maritime Freight Rates Act, be, and they are 
hereby, approved, subject to the provisions of subsection 3 of section 3 of the 
said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said item 1370-B of Supplement No. 15 to Tariff C.R.C. No. E-4632 
are as follows: — 

Rates in cents 
per 100 pounds 

Minimum weight, 60,000 lbs 40* 

Minimum weight, 80,000 lbs • 38£ 



C. P. FULLERTON, 

Chief Commissioner. 



197 



ORDER No. 50186 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.2 

Tuesday, the 25th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: That the tolls published in Supplement No. 6 to tariff 
C.R.C. No. E-1835, Supplement No. 1 to Tariff C.R.C. No. E-1976, and Tariff 
C.R.C. No. E-2032, filed by the Canadian National Railways under section 3 
of the Maritime Freight Rates Act, be, and they are hereby, approved, subject 
to the provisions of subsection 3 of section 3 of the said Act. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50189 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act; and the Order of the Board No. 50118, 
dated July 7, 19S3, approving the tolls published in tariff C.R.C. No. 884, 
filed by the Dominion Atlantic Railway Company. 

File No. 34822.13 

Tuesday, the 25th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

Upon its appearing that errors were made in clause 2 of the said Order No. 
50118 — 

It is ordered: That the said Order No. 50118, dated July 7, 1933, be, and it 
is hereby, amended by striking out the figures " 41^ " for Peterborough, Ontario, 
under minimum weight 60,000 pounds, and " 26^ " for Quebec, Quebec, under 
minimum weight 80,000 pounds, in clause 2 thereof, and substituting therefor 
the figures " 42 " and " 27 " respectively. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50193 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Martime Freight Rates Act. 

File No. 34822.13 

Thursday, the 27th day of July, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published in Tariff C.R.C. No. 890, filed by the Dominion 
Atlantic Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and it is hereby, approved, subject to the provisions of subsection 3 of section 
3 of the said Act. 



198 



2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said Tariff C.R.C. No. 890, approved herein, is 44 cents per 100 pounds, 
H cents per 100 pounds to be deducted on account of water haul. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50200 

In the matter of the application of the Canadian National Railways, hereinafter 
called the "Applicants" , under Section 276 of the Railway Act, for author- 
ity to open for the carriage of freight traffic a portion of its Sunny-Brae- 
Guysboro Branch from Mileage 1 to 10, in the Province of Nova Scotia. 

File No. 36544.12 

Tuesday, the 1st day of August, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

Upon the report and recommendation of the Chief Engineer of the Board, 
and the filing of the necessary affidavit, — 

It is ordered: 

1. That the Applicants be, and they are hereby, authorized to open for the 
carriage of freight traffic a portion of their Sunny-Brae-Guysboro> Branch from 
mileage to 10, in the Province of Nova Scotia. 

2. That operation over the said portion of railway be limited to a rate of 
speed not exceeding ten miles an hour. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50207 

In the matter of the application of the Express Traffic Association of Canada, 
under Sections 322 and 360 of the Railway Act, for approval of proposed 
Supplement " B " to Express Classification for Canada No. 8, on file with 
the Board under file No. 4397.111.2. 

Thursday, the 3rd day of August, A.D. 1933. 

Hon. C. P. FullertO'N, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

Upon the report and recommendation of the Chief Traffic Officer of the 
Board — 

It is ordered: That the said proposed Supplement " B" to Express Classifi- 
cation for Canada No. 8, on file with the Board under file No. 4397.111.2, be, 
and it is hereby, approved; the said supplement to be published as Supplement 
No. 2 to Express Classification for Canada No. 8. 

C. P. FULLERTON, 

Chief Commissioner. 



199 



ACCIDENTS REPORTED TO THE OPERATING DEPARTMENT, 
BOARD OF RAILWAY COMMISSIONERS, FOR MONTH OF 

MAY, 1933 

Railway accidents 126, with 22 persons killed and 120 injured. 

Railway accidents at highway crossings 12, with 8 persons killed and 12 injured. 

138 30 132 

Killed Injured 

Passengers — 9 

Employees 6 86 

Others 24 37 

30 132 

DETAILS OF ACCIDENTS AT HIGHWAY CROSSINGS 

No. of 

Accidents Quebec 

1 Automobile — Auto driver failed to stop for crossing. Licence P.Q. 56868. 
1 Auto truck — Truck driver failed to stop for crossing. Licence P.Q. F-31983. 

Ontario 

1 Automobile — Auto ran into front end of train. Licence Ont. FA-340. 
1 Automobile — Auto ran into side of train. Licence Ont. TO-916. 
1 Automobile — Auto driver failed to see or hear approaching train. Licence Ont. 
Z-1123. 

1 Automobile — Licence F-1880, Ontario. 

1 Automobile — Auto driver failed to see or hear train, subsequently arrested for reck- 
less driving. Licence Ont. Y-9744. 
1 Automobile — Licence Ont. LR-737. 

1 Auto truck — Truck driver failed to see or hear train. Licence Ont. 1714-C 
1 Motor cycle — Motor cycle driver failed to have machine under proper control. 
Licence Ont. 3-407. 

Alberta 

1 Automobile — Auto driver failed to look out for rail traffic. Licence Alta. 21366. 
1 Auto truck — Truck driver failed to observe approaching train. Licence Alta. 10-162. 

All of the twelve highway crossing accidents occurred at unprotected cross- 
ings. Nine of the accidents occurred during the daylight hours and three at 
night. 



Ottawa, July 28, 1933. 



3*\ DEC 4 19! 

Wot Poarii of 

i&atltoap Commts&tonera for Canatra 

Judgments, Orders, Regulations, and Rulings 

Vol. XXIII Ottawa, September 1, 1933 No. 12 

This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscription, $3.00; single 
numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be made to the King's Printer, 
Ottawa, by postal money order, express order or accepted cheque. The use of currency for this purpose is 
contrary to the advice of the postal authorities and entails a measure of risk. Postage stamps, foreign money 
or uncertified cheques will not be accepted. No extra charge is made for postage on documents forwarded to 
points in Canada and in the United States, but cost of postage is added to the selling price when documents 
are mailed to other countries. Early application should be made for copies in quantities. Subscriptions 
should be sent, in every case, to the King's Printer, Ottawa. 



ORDER No. 50212 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.2 

Wednesday, the 9th day of August, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: That the tolls published in the following supplements 
and tariffs filed by the Canadian National Railways under section 3 of the Mari- 
time Freight Rates Act be, and they are hereby, approved, subject to the pro- 
visions of subsection 3 of section 3, namely: — 

Supplement 7 to Tariff C.R.C. No. E-1227. 
Supplement 8 to Tariff C.R.C. No. E-1242. 
Supplement 42 to Tariff C.R.C. No. E-1244. 
Supplement 25 to Tariff C.R.C. No. E-1247. 
Supplement 8 to Tariff C.R.C. No. E-1671. 
Supplement 9 to Tariff C.R.C. No. E-1737. 
Supplement 17 to Tariff C.R.C. No. E-1804. 
Supplement 4 to Tariff C.R.C. No. E-1906. 
Supplement 2 to Tariff C.R.C. No. E-1976. 
Tariff C.R.C. No. E-2035. 
Tariff C.R.C. No. E-2037. 
Supplement 23 to Tariff C.R.C. No. E-1504. 



C. P. FULLERTON, 

Chief Commissioner. 

201 

67468-1 



202 

ORDER Hp. 50211 

In the matter of the application of the Canadian Pacific Railway Company, here- 
inafter called the u Applicant Company," for permission to cancel on less 
than statutory notice rates to Smithville, Ontario, including pick-up and 
delivery service, now published in Tariff C.R.C. No. E-4662. 

File No. 27612.80 

Thursday, the 10th day of August, A.D. 1933. 

Hon. C. P. Fullerton, K.C.j Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

Upon its appearing that the applicant company is unable to arrange for 
pick-up and delivery service at Smithville, Ontario, in connection with rates now 
published in the said Tariff C.R.C. E-4662,— 

It is ordered: That the applicant company be, and it is hereby, permitted 
to cancel, upon three clays' notice, rates, including pick-up and delivery service, 
at Smithville, Ontario. 

C. P. FULLERTON. 

Chief Commissioner. 



ORDER No. 50218 

In the matter of the application of the Canadian National Railways, hereinafter 
called the " Applicants," under Section 276 of the Railway Act, for 
authority to open for the carriage of passenger traffic their Oka Spur, mile- 
age to 5 '74, in the Province of Quebec. 

File No. 37499.2 

Friday, the 11th day of August, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

Upon the report and recommendation of the Division Engineer of the Board, 
and the riling of the necessary affidavit. — 

It is ordered: That the applicants be, and they are hereby, authorized to 
open for the carriage of passenger traffic their Oka Spur, mileage to 5-74, in 
the province of Quebec. 

C. P. FULLERTON, 

Chief Commissioner. 



203 

ORDER No. 50229 



In the matter of the application of the Express Traffic Association of Canada, 
on behalf of the express companies subject to the jurisdiction of the 
Board, for approval of proposed Supplement No. 17 to tariff C.R.C. No. 
E.T. 694, covering amendments to the Regulations for the Transportation 
by Express of Acids, Inflammables, etc., on file with the Board under 
file No. 1717.12: 

Monday, the 14th day of August, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
8. J. McLean, Assistant Chief Commissioner. 
J. A. Stoneman, Commissioner. 

Upon reading what is filed in support of the application and the consents 
of the Boards of Trade of the Cities of Toronto and Montreal and the Canadian 
Manufacturers' Association; and upon the report and recommendation of the 
Assistant Chief Traffic Officer of the Board, — 

It is ordered: That the said Supplement No. 17 to Tariff C.R.C. No. E.T. 
694, covering amendments to the Regulations for the Transportation by Express 
of Acids, Inflammables, etc., on file with the Board under file No. 1717.12 be, 
and it is hereby, approved. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50236 

In the matter of tariffs, and supplements to tariffs, filed under the provisions 
of the Maritime Freight Rates Act: 

File No. 34822.12 

Tuesday, the 15th day of August, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published from Dyer's and Bonny River, New Brunswick, 
to Fairville, New Brunswick, in Supplement No. 17 to Tariff C.R.C. No. E-4322, 
filed by the Canadian Pacific Railway Company under section 9 of the Maritime 
Freight Rates Act, be, and it is hereby, approved, subject to the provisions of 
subsection 3 of section 3 of the said Act, 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act on traffic carried 
under the said Supplement No. 17 to Tariff C.R.C. No. E-4322, approved herein, 
is 5 cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



67468-2 



204 

ORDER No. 50237 



In the matter of the application of the Toronto, Hamilton & Buffalo Railway 
Company, hereinafter called the "Applicant Company," for permission to 
cancel on less than statutory notice rates to Smithville, Ontario, including 
pick-up and delivery service, now published in Tariff C.R.C. No. 1532: 

File No. 27612.80 

Tuesday, the 15th day of August, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

Upon its appearing that the applicant company is unable to arrange for 
pick-up and delivery service at Smithville, Ontario, in connection with rates 
now published in the said Tariff C.R.C. No. 1532, — 

It is ordered: That the applicant company be, and it is hereby, permitted 
to cancel, upon three days' notice, rates, including pick-up and delivery service, 
at Smithville, Ontario. 

C, P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50239 



In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.12 

Thursday, the 17th day of August, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the tolls published in items 447 and 555 in Supplement No. 53 to 
Tariff C.R.C. No. E-4312 filed by the Canadian Pacific Railway Company 
under section 9 of the Maritime Freight Rates Act be, and they are hereby, 
approved, subject to the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said items 447 and 555 of Supplement No. 53 to Tariff C.R.C. No. 
E-4312, are as follows: — 

ITEM 447 

Rates in cents 

Miles — per 100 pounds 

Not over 20 : 3 J 

Over 20 to 30 . . . 4| 

Over 30 to 40 5£ 

Over 40 to 50 6 

Over 50 to 60 6 J 

Over 60 to 70 7f 

Over 70 to 80 8J 

Over 80 to 90 9 

Over 90 to 100 9£ 

Over 100 to 150 10 

Over 150 to 200 10J 

Over 200 to 250 11 

Over 250 to 300 12 

Over 300 to 350 14 



205 



ITEM 555 

To— 

Ednnindston. N.B ■ . . 19| 

Fredericton, N.B 13 

Grand Falls, N.B 18 

Marysville. N.B 13 

Milltown, N.B 10 

Plaster Rock, N.B 17J 

St. Leonard, N.B 19 

St. Stephen, N.B 10 

Woodstock, N.B 15^ 



C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50242 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act, and the Order of the Board No. 50177, 
dated July 20, 1933, approving the tolls published in item 2-A of Supple- 
ment No. 56 to Tariff C.R.C. No. 856 filed by the Dominion Atlantic 
Railway Company. 

File No. 34822.13 

Thursday, the 17th day of August, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

Upon its appearing that the tolls in the said item 2-A of Supplement No. 56 
to Tariff C.R.C. No. 856 are shown per barrel, — 

It is ordered: That the words, " Rates in cents per 100 pounds," shown in 
paragraph 2 of the said Order No. 50177, dated July 20, 1933, be struck out 
and the words, " Rates in cents per barrel," substituted therefor. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50250 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.2 

Friday, the 18th day of August, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

It is ordered: That the tolls published in the following tariffs filed by the 
Canadian National Railways under section 3 of the Maritime Freight Rates 
Act be, and they are hereby, approved, subject to the provisions of subsection 3 
of the said section 3, namely: — 

Supplement 8 to Tariff C.R.C. No. E-1231. 
Supplement 10 to Tariff C.R.C. No. E-1737. 
Supplement 18 to Tariff C.R.C. No. E-1804. 
Supplement 3 to Tariff C.R.C. No. E-1976. 
Tariff C.R.C. No. E-2042. 

C. P. FULLERTON, 

Chief Commissioner. 



206 



ORDER No. 50251 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.13 

Friday, the 18th day of August, A.D. 1933. 

Hon. CP. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published in Tariff C.R.C. No. 892, filed by the Dominion 
Atlantic Railway Company under section 9 of the Maritime Freight Rates 
Act, be, and it is hereby, approved, subject to the provisions of subsection 3 
of section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said Tariff C.R.C. No. 892, is 27 cents per 100 pounds; l£ cents per 
100 pounds to be deducted account water haul. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50252 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.13 

Friday, the 18th day of August, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published in Tariff C.R.C. No. 891 filed by the Dominion 
Atlantic Railway Company under section 9 of the Maritime Freight Rates Act 
be, and it is hereby approved, subject to the provisions of subsection 3 of 
section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said Tariff C.R.C. No. 891 approved herein, is 37J cents per 100 
pounds; 1^ cents per 100 pounds to be deducted account of water haul. 

C. P. FULLERTON, 

Chief Commissioner. 



207 



ORDER No. 50253 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No, 34822.13 

Friday, the 18th day of August, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the tolls published in items 75-C and 149 of Supplement No. 64 
to Tariff C.R.C. No. 817 filed by the Dominion Atlantic Railway Company 
under section 9 of the Maritime Freight Rates Act be, and they are hereby, 
approved, subject to the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said items 75-C and 149 of Supplement No. 64 to Tariff C.R.C. No. 
817 approved herein, are as follows: — 

Rates in cents 

For — per 100 pounds 

Item 75-C 11 1 

Item 149 9 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50262 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Martime Freight Rales Act. 

File No. 34822.13 

Friday, the 18th day of August, A.D. 1933. 

Hon. CP. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the tolls published in Supplement No. 3 to Tariff C.R.C. No. 874 
filed by the Dominion Atlantic Railway Company under section 9 of the Mari- 
time Freight Rates Act be, and they are hereby, approved, subject to the pro- 
visions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 



208 



under the said Supplement No. 3 to Tariff C.R.C. No. 874 approved herein, are 
as follows: — 

Bastes in cents 
per barrel 

Ellerhouse. N.S ) i7i 

Windsor, N.S f 

Falmouth. N.S \ \Q 

Hantsport, N.S \ 

Avonport. N.S } 19* 

Port Williams, N.S f 

Kentville, N.S.. ' 22£ 

Coldbrook, N.S ) 24* 

Berwick, N.S J 

Aylesford. N.S \ 26*, 

Kingston, N.S \ 

Wilmot, N.S | 29 

Annapolis Royal, N.S \ 

Clementspoit, N.S ] 30 J 

Digby, N.S ) • 

North Range, N.S \ 31 \ 

Yarmouth, N.S \ 

Brooklyn, N.S \ \§\ 

Mosherville, N.S \ 

Clarksville, N.S \ 22* 

Kennetcook, N.S \ 

Paterson's, N.S | 24 A 

Burton's, N.S \ 

South Maitland, N.S \ 26* 

Clifton, N.S \ 

Lower Truro, N.S \ 24 

Truro, N.S f 

Mill Village, N.S \ 24£ 

Kingsport, N.S \ 

Billtown, N.S \ 24* 

Grafton, N.S | 

Somerset, N.S \ 26* 

Weston, N.S { 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50263 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Martime Freight Rates Act. 

File No. 34822.13 

Friday, the 18th day of August, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assista?it Chief Commissioner. 

The Board orders: 

1. That the tolls published in Supplement No. 5 to Tariff C.R.C. No. 875 
filed by the Dominion Atlantic Railway Company under section 9 of the Mari- 
time Freight Rates Act be, and they are hereby, approved, subject to the pro- 
visions of subsection 3 of section 3 of the said Act. 



209 



2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said Supplement No. 5 to Tariff O.R.O. No. 875 approved herein, are 
as follows: — 

,^ Rates in cents 

* rom per barrel 

Ellerhouse, N.S 1 19 

Newport, N.S j 

Windsor, N.S 1 19 

Hantsport, N.S S 

Avonport, N.S 1 19| 

Port Williams, N.S j 

Kentville, N.S 20 

Coldbrook, N.S 1 

Berwick, N.S S 22\ 

Avlesford, N.S 1 

Kingston, N.S S 23 

Wilmot, N.S I 

Annapolis Hoyal, N.S j 25 

Clementsport, N.S 1 

Digby, N.S S 211 

North Range, N.S 1 

Yarmouth, N.S S 32 

Brooklyn, N.S 1 

Mosherville, N.S j 194 

Clarksville, N.S I 

Kennetcook, N.S j 20 

South Maitland, N.S 1 

Lower Truro, N.S j 23 

Mill Village. N.S ) 

Kingsport, N.S j 22\ 

Billtown, N.S. . 1 

Grafton, N.S f 22 J 

Somerset, N.S \ 

Weston, N.S j 23 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50264 

In the matter of the application of the Buffalo and Fort Erie Public Bridge Com- 
pany, hereinafter called the "Applicant Company," under Section 348 of 
the Railway Act, for approval of the conditions limiting liability to be 
printed on free annual and trip transportation, and signed by the holders 
thereof, the said conditions being on file with the Board under file No. 
49643. 

Friday, the 18th day of August, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLea^ Assistant Chief Commissioner. 
J. A. Stoneman, Commissioner. 

Upon reading the application and what is alleged in support thereof, — 
It is ordered: That the proposed conditions to be printed on passes issued 
by the applicant company limiting its liability, which are on file with the Board 
under the said file No. 496.43, be, and the same are hereby, approved. 

C. P. FULLERTON, 

Chief Commissioner. 



210 



ORDER No. 50254 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.13 

Monday, the 21st day of August, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

L That the tolls published in item 80 of Supplement No. 24 to Tariff 
C.R.C. No. 811 filed by the Dominion Atlantic Railway Company under section 
9 of the Maritime Freight Rates Act be, and they are hereby, approved, subject 
to the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said item 80 of Supplement No. 24 to Tariff C.R.C. No. 811 approved 



herein, are as follows: — 

Rates in cents 

To — per 100 pounds 

Halifax, N.S 7 

Wolfville, N.S 5^ 

Kentville, N.S 6J 

Yarmouth, N.S 10£ 

Truro, N.S. (Local) U 

Truro, N.S. (Furtherance) 7 



C. P. FULLERTON, 

Chief Commissioner. 



ACCIDENTS REPORTED TO THE OPERATING DEPARTMENT, 
BOARD OF RAILWAY COMMISSIONERS, FOR MONTH OF 

JUNE, 1933 

Railway accidents 137, with 13 persons killed and 136 injured. 

Railway accidents at highway crossings 15, with 3 persons killed and 21 injured. 

152 16 157 

Killed Injured 

Passengers — 19 

Employees — 103 

Others 16 35 

16 157 



211 



DETAILS OF ACCIDENTS AT HIGHWAY CROSSINGS 

No. of 

Accidents New Brunswick 

1 Automobile — Auto driver attempted to cross track ahead of train. Licence N.B. 
F-1786. 

Quebec 

1 Automobile — Driver of auto failed to stop for crossing. Licence Que. 74987. 
1 Auto Truck — Truck driver attempted to beat train. Licence Que. F-1704. 

1 Pedestrian — Boy darted in front of train to pick up key ring. 

2 Pedestrian. 

Ontario 

1 Automobile — Auto driver drove past crossing watchman onto track in front of train. 

Licence Ont. L-2798. 
1 Automobile — Stalled on crossing. Licence Ont. AD-342. 
1 Automobile — Auto driver failed to see or hear train. Licence Ont. U-3557. 
1 Automobile — Ran into side of train. Licence Ont. Y-3M7. 

1 Automobile — Licence Ont. LV-265. 

2 Pedestrian. 

Alberta 

1 Automobile — Ran into side of train. Licence Alta. 46658. 

1 Automobile — Auto driver failed to observe approaching train. Licence Alta. 14077. 

Of the fifteen accidents at highway crossings, eleven occurred at unprotected 
crossings and 4 at protected crossings. Eleven of the accidents occurred during 
the daylight hours and four at night. 



Ottawa, August 19, 1933. 



Efje poarb of 

Jfoultoap Commissioner* for Canaba 



Judgments, Orders, Regulations, and Rulings 



Vol. XXIII Ottawa, September 15, 1933 No. 13 



This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscription, $3.00; singl* 
numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be made to the King's Printer, 
Ottawa, by postal money order, express order or accepted cheque. The use of currency for this purpose is 
contrary to the advice of the postal authorities and entails a measure of risk. Postage stamps, foreign money 
or uncertified cheques will not be accepted. No extra charge is made for postage on documents forwarded to 
points in Canada and in the United States, but cost of postage is added to the selling price when documents 
are mailed to other countries. Early application should be made for copies in quantities. Subscriptions 
should be sent, in every case, to the King's Printer, Ottawa. 



Application of the Canadian Car Demurrage Bureau for Ruling of the Board 
re Ride 8 of the Canadian Car Demurrage Rules. 

File No. 1700.388. 

By the Board: 

This is an application from the Canadian Car Demurrage Bureau for a 
ruling of the Board concerning the interpretation of Rule 8 of the Canadian 
Car Demurrage Rules approved by the Board's General Order No. 201, dated 
August 1, 1917. The application originates as a result of exception being taken 
by Messrs. James Richardson and Sons, of Toronto, to the interpretation placed 
upon the rule by the Demurrage Bureau. The nature of the dispute between 
the parties, the interpretation placed upon the rule by the Demurrage Bureau, 
and the reasons in support thereof are fully set out in the application dated 
July 29, 1933, reading as follows: — 

" Exception has been taken by Messrs. Jas. Richardson and Sons of 
Toronto to our interpretation of Rule 8 of the demurrage tariff, and we 
would be pleased to obtain the Board's ruling. 

" Canadian Pacific Tariff E-3050, Item 90, reads as follows:— 

* 1. Grain, grain products, hay or potatoes, carloads, may be 
stopped off at points named in paragraph 2, for purpose of inspection, 
change of destination or for orders, subject to regulations authorized 
herein. 

' 2. Grain, grain products and hay may be stopped off at Outre- 

mont, Que., and West Toronto, Ont.' 
The privilege of stopping for inspection on Eastern Lines is only per- 
mitted at the two points named. 

" It will be noted that tariff makes no mention of Government 
inspection. The inspection referred to is entirely for commercial pur- 
poses and may be made by the consignee, by the party to whom the 
owner expects to make a sale, by the Government inspector at the request 
of the owner, or by any other authorized party. 

" The cars involved in this dispute were consigned to Jas. Richard- 
son and Sons, Toronto, allow inspection. Consignees were notified of 
arrival and arranged with the grain inspector to make an inspection and 
furnish certificate of grading, which was done, but the certificate was 

213 




214 



not received by the consignee in time to permit of disposal orders being 
given to the railway within the free time allowed under the demurrage 
tariff, and the position taken by the consignee is that the delay was 
chargeable to the grain inspector and such being the case demurrage can- 
not accrue. Their contention is based on Rule 8 of the demurrage tariff, 
which reads as follows: — 

\ Demurrage shall not be collected from the consignee for any 
delays for which Government or railway officials may be responsible.' 

" Our interpretation of the rule quoted is that same has reference 
to delays chargeable to Canadian Government officials only where the 
acts of such officials are required by a regulation of the railway or the 
Government. For instance, the carriers undertake to bring goods into 
the country in bond, and after Government regulations have been com- 
plied with by the importer then any delay in issuing the permit to the 
railway to allow delivery would be considered delay chargeable to an 
official of the Government; or, if on presentation of papers at customs 
by the importer the officer has reason to doubt the correctness of the 
entry and decides to appraise, gauge, weigh, etc., the shipment, any time 
lost in performing such services would be considered chargeable to the 
Government. 

" The Department of Agriculture has regulations in effect prohibiting 
the importation of certain commodities until such time as the shipment 
has been inspected and, if necessary, analysed, and any time lost in 
making such inspection, or analysis, is considered Government delay. 

" The inspection of the grain referred to was not required under any 
railway or Government regulation. The grade certificate required was 
for the exclusive use and benefit of the consignee, and we cannot read 
into the demurrage tariff that free time in excess of the forty-eight hours 
permitted can be allowed on account of a consignee finding it advisable 
to obtain a grade certificate for his exclusive use and benefit. Under the 
contention that Demurrage Rule No. 8 governs in cases of this kind, 
there w r ould be the situation that if there was a delay when the inspec- 
tion is made by a Government official there would be no demurrage, but, 
assuming that someone fully qualified to make the inspection, but not 
a Government official, were engaged, then, obviously, the rule makes no 
provision for allowance for delay by such party and, apparently, this 
would be an interpretation without logical reasoning. 

" The grain inspector, while he may be a Government official, is at 
the time of making inspection under the pay of the consignee and must 
be considered an employee of such consignee. 

** If delays chargeable to the grain inspector (the act performed 
being for the exclusive use and benefit of the consignee) should be allowed 
it would have a far-reaching effect, and we will cite a few instances where 
the rule would apply, as the delays are chargeable to Government 
officials, but as the acts are not required by any regulation of the Rail- 
way or the Government it has not been the practice to make allowance. 

" A shipment billed to ' order ! arrives at billed destination but the 
party for whom it is intended is unable to take delivery account of the 
bill of lading being delayed in the mails, this being indicated by the post 
office date stamped on the envelope; or, invoices required for customs 
purposes are similarly delayed. 

" The Government at the present time has inspectors at numerous 
points who are prepared to furnish shippers with grade certificates for 
any commodities, such as fruit, vegetables, etc., and if application was 



215 



made to any one of these officers for an inspection and there was delay in 
making such inspection, or in furnishing the certificate of such inspec- 
tion by the inspector, it would be delay chargeable to a Government 
official, even though such official was acting for and being paid by the 
shipper in exactly the same manner as the grain inspector. 

" Such a rule would also apply in connection with obtaining the 
required papers, such as consular invoice, etc., where there might be a 
delay in same being promptly issued by the officer, in this case a Gov- 
ernment Official of the United States or some other foreign country. 

" A copy of this letter is being forwarded to Messrs. Jas. Richard- 
son and Sons, Toronto." 

Copy of the application is shown as having been forwarded to Messrs. 
James Richardson and Sons and, on August 21, no submissions having been 
filed by them, they were written to by the Board asking if they desired to 
make submissions in the matter before it was finally considered and, if so, that 
same should be promptly filed. No reply has been received. 

RULING 

The ruling of the Board is that the rule in question only covers delays by 
Government officials where, under Government or railway regulations, certain 
acts are required to be performed by said officials before cars can be released; 
that it does not cover delays not necessitated by Government or railway regu- 
lations, or, as in this case, where the inspection is entirely for commercial pur- 
poses and the party making the inspection does so and acts as an agent or 
employee of the consignee or any other authorized party for the purpose of 
such inspection. 

Ottawa, Ont., 

September 6, 1933. 



ORDER No. 50268 

In the matter of the application of the Canadian National Railways, hereinafter 
called the " Applicants/' under Section 276 of the Railway Act, for 
authority to open for the carriage of traffic the track connection between 
the Bala and the Sutton Subdivisions at Zephyr, Ontario. 

File No. 34992 

Wednesday, the 23rd day of August, A.D. 1933. 

Hon. C. P. Fullerton, E.G., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

Upon the report and recommendation of the Assistant Chief Engineer of the 
Board, and the filing of the necessary affidavit, — 

It is ordered: That the applicants be, and they are hereby, authorized to 
open for the carriage of traffic their trackage connecting their Bala Subdivision 
at mileage 45-25 with their Sutton Subdivision at mileage 16-63, a distance of 
3,611 feet; also the south leg of the wye, a distance of 935 feet, 

C. P. FULLERTON, 

Chief Commissioner. 



67924—2 



216 



ORDER No. 50277 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.12 

Saturday, the 26th day of August, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published from Dyer's, New Brunswick, and Bonny River, 
New Brunswick, to Fairville, New Brunswick, in Supplement No. 22 to Tariff 
C.R.C. No. E-4322 filed by the Canadian Pacific Railway Company under sec- 
tion 9 of the Maritime Freight Rates Act be,, and it is hereby, approved, subject 
to the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said Supplement No. 22 to Tariff C.R.C. No. E-4322, approved herein, 
is 5^ cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50281 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.12 

Tuesday, the 29th day of August, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean^ Assistant Chief Commissioner. 

The Board orders: 

1. That the tolls published in items 95-C and 353 of Supplement No. 54 to 
Tariff C.R.C. No. E-4312 filed by the Canadian Pacific Railway Company under 
section 9 of the Maritime Freight Rates Act be, and they are hereby, approved, 
subject to the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said items 95-C and 353 of Supplement No. 54 to Tariff C.R.C. No. 
E-4312, approved herein, are as follows: — 

For Item 95-C 

The 3rd and 5th class rates in effect prior to July 1, 1927. 
For litem 353 

The rates in effect from Yarmouth, N.S., prior to July 1, 1927. 

C. P. FULLERTON, 

Chief Commissioner. 



217 



ORDER No. 50282 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.12 

Tuesday, the 29th day of August, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the tolls published in item 15, and to Beauharnois, Quebec, in item 
45-B of Supplement No. 9 to Tariff C.R.C. No. E-4314 filed by the Canadian 
Pacific Railway Company under section 9 of the Maritime Freight Rates Act 
be, and they are hereby, approved, subject to the provisions of subsection 3 of 
section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said items 15 and 45-B of Supplement No. 9 to Tariff C.R.C. No. 
E--4314, approved herein, are. as follows: — 

For Item 15 Rates in cents 

To , per 100 pounds 

Berwick, N.S 59 

Kentville, N.S 62 

\\ cents per 100 pounds to be deducted account of water haul. 
For Item 45-B 
To 

Beauharnois, Que 42 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50287 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act; and the Order of the Board No. 50252, 
dated August 18, 1933, approving the toll published in Tariff C.R.C. No. 
891 filed by the Dominion Atlantic Railway Company. 

File No. 34822.13 

Wednesday, the 30th day of August, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published in Tariff C.R.C. No. 891 filed by the Dominion 
Atlantic Railway Company under section 9 of the Maritime Freight Rates Act 
be, and it is hereby, approved, subject to the provisions of subsection 3 of section 
3 of the said Act; the Dominion Atlantic Railway Company's proportion to be 
reported at 18-4 cents per 100 pounds. 

2. And the Board hereby certifies that the Dominion Atlantic Railway Com- 
pany's proportion of the normal rate for the purpose of reimbursement under 
subsection 3 of section 9 of the said Act, on traffic carried under the said Tariff 
C.R.C. No. 891, approved herein, is 23 cents per 100 pounds. 

3. And the Board further orders that the said Order No. 50252, dated August 
18, 1933, be, and it is hereby, rescinded. 

C. P. FULLERTON, 

Chief Commissioner. 

67924-2* 



218 



ORDER No. 50288 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.13 

Wednesday, the 30th day of August, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the tolls published in item 297 of Supplement No. 59 to Tariff 
C.R.C. No. 856 filed by the Dominion Atlantic Railway Company under section 
9 of the Maritime Freight Rates Act be, and they are hereby, approved, subject 
to the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said item 297 of Supplement No. 59 to Tariff C.R.C. No. 856, approved 
herein, are as follows: — 

Rates in cent? 

To per 100 pounds 

Halifax, N.S 30^ 

Truro, N.S 32 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50290 

In the matter of the Order of the Board A T o. 49943, dated June 10, 1933, requiring 
amendment to the Ottawa Electric Railway Company's Special Passenger 
Tariff C.R.C. No. 17, effective August 13, 1933, as set out in paragraph 2 
of the said Order. 

File No. 6949.2 

Thursday, the 31st day of August, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 
Hon. T. C. Norris, Commissioner. 
G. A. Stone, Commissioner. 

Upon its appearing that the Ottawa Electric Railway Company and the 
Corporation of the City of Ottawa have had subsequent negotiations and agreed 
upon a tariff of fares not exceeding but in some respects lower than those author- 
ized in the said order, which are contained in the company's Special Passenger 
Tariff C.R.C. No. 20, filed with the Board, effective August 13, 1933; and upon 
application by the said parties for an order approving of the said tariff, — 

It is ordered: That paragraph 2 of the said Order No. 49943, dated June 10, 
1933, be, and it is hereby, rescinded, and the Ottawa Electric Railway Company's 
Special Passenger Tariff C.R.C. No. 20 is hereby approved; section 1 thereof to 
be effective for a period of five (5) years from and after the 13th day of August, 
1933. 

C. P. FULLERTON. 

Chief Commissioner. 



219 



ORDER No. 50294 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No, 34822.2 

Saturday, the 2nd day of September, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: That the tolls published in the following tariffs filed by 
the Canadian National Railways under section 3 of the Maritime Freight Rates 
Act be, and they are hereby, approved, subject to the provisions of subsection 3 
of the said section 3, namely: — 

Supplement No. 72 to Tariff C.R.C. No. E-1235. 
Supplement No. 60 to Tariff C.R.C. No. E-1240. 
Supplement No. 19 to Tariff C.R.C. No. E-1804. 
Supplement No. 9 to Tariff C.R.C. No. E-1671. 
Supplement No. 2 to Tariff C.R.C. No. E-1974. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50297 

In the matter of the application of the Detroit International Bridge Company, 
hereinafter called the " Applicant Company," under Section 31f.8 of the 
Railway Act, for approval of the conditions limiting liability to be printed 
on free annual and trip transportation, and signed by the holders thereof, 
the said conditions being on file with the Board under file No. If.96.lt3. 

Tuesday, the 5th day of September, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 
J. A. Stoneman, Commissioner. 

Upon reading the application and what is alleged in support thereof, and the 
report and recommendation of the Assistant Chief Traffic Officer of the Board, — 

It is ordered: That the proposed conditions to be printed on passes issued 
by the applicant company limiting its liability, which are on file with the Board 
under the said file No. 496.43, be, and the same are hereby, approved. 

C. P. FULLERTON, 

Chief Commissioner. 



220 



ORDER No. 50302 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.14. 

AVednesday, the 6th day of September, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board Orders: 

1. That the tolls published in Tariff C.R.C. No. 705, filed by the Temis- 
couata Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and they are hereby, approved, subject to the provisions of subsection 3 of 
section 3 of the said Act; the proportions of the Temiscouata and the Canadian 
Pacific Railway Companies to be reported as follows: — 



Rate in 

Cents per One Hundred Pounds 







Canadian 








Pacific 


Temiscouata 


To 




Railway 


Railway 




] 











10i 


6 


Hartland, N.B 


J 






Norton, N.B 






6 


St. Andrews, N.B 




14 


6 


St. Georges, NjB 


s 








i 


12i 


6 


St. Stephen, N.B 


5 










11 


6 



2. And the Board hereby certifies that the normal tolls and proportions 
thereof for the purpose of reimbursements under subsection 3 of section 9 of 
the said Act, on traffic carried under the said Tariff C.R.C. No. 705, approved 
herein , are as follows: — 



Proportions 
Canadian 

Rate in cents Pacific Temiscouata 

To per 100 lbs. Railway Railway 

Chipman, N.B } 

Fredericton, N.B \ 20^ 13 7* 

Hartland, N.B J 

Norton, N.B 24^ 17 7* 

St. Andrews, N.B \ 25 17* 7^ 

St. Georges, N.B | 

Saint John, N.B 1 23 15i 7* 

St. Stephen, NJ j 

Woodstock, N.B 21* 14 7* 



C. P. FULLERTON, 

Chief Commissioner. 



221 



ORDER No. 50303 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.13 

Wednesday, the 6th day of September, A.D. 1933. 

Hon. C. P. Fullerton ; K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published in Tariff C.R.C. No. 893, filed by the Dominion 
Atlantic Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and it is hereby, approved, subject to the provisions of subsection 3 of sec- 
tion 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said Tariff C.R.C. No. 893, approved herein, is 34 cents per 100 
pounds ; 1^ cents to be deducted account of water haul. 

C. P. FULLERTON, 

Chief Commissioner. 



GENERAL ORDER No. 516 

In the matter of the General Order of the Board No. 131, dated July 6, 191^, 
requiring that locomotive engines of railway companies subject to the 
jurisdiction of the Board be not allowed to leave terminals, or to be used 
at terminals, in traffic service, on vMch certain defects set out in the Order 
exist. 

File No. 21351 

Thursday, the 17th day of August, A.D. 1933. 

Hon. C. P. Fullerton, K.C. , Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 
G. A. Stone, Commissioner. 

Upon reading the submissions filed on behalf of the Railway Association of 
Canada, the Michigan Central Railroad Company, and the Canadian Pacific 
Railway Company; and upon the report and recommendation of the Chief 
Operating Officer of the Board, — 

It is ordered: That the said General Order No. 131, dated July 6, 1914, be 
amended by striking out paragraph 3 thereof and substituting therefor the fol- 
lowing, namely: — 

" 3. (1) Wheels. — Wheels shall be securely pressed on axles. Prick 
punching or shimming the wheel fit will not be permitted. The diameter 
of wheels on the same axle shall not vary more than three thirty-seconds 
inch. 

"(2) Wheels used on standard gauge track will be out of gauge if the 
inside gauge of flanges, measured on base line, is less than 53 inches or 
more than 53| inches. 

"(3) The distance back to back of flanges of wheels mounted on the 
same axle shall not vary more than one-fourth inch. 



222 



" 3A. (1) Cast Iron or Cast Steel Wheels. — Cast iron or cast steel 
wheels with any of the following defects shall not be continued in ser- 
vice: — 

"(2) Slid flat. — When the flat spot is 2| inches or over in length, or 
if there are two or more adjoining spots each 2 inches or over in length. 

"(3) Broken or chipped flange. — If the chip exceeds H inches in length 
and one-half inch in width. 

"(4) Broken rim. — If the tread, measured from the flange at a point 
five-eighths inch above the tread, is less than 3f inches in width. 

" (5) Shelled out. — Wheels with defective treads on account of cracks 
or shelled out spots 2- 1 2 inches or over, or so numerous as to endanger the 
safety of the wheel. 

"(6) Brake burn. — Wheels having defective tread on account of 
cracks or shelling out due to heating. 

"(7) Seams one-half inch long or over, at a distance of one-half inch 
or less from the throat of the flange, or seams 3 inches or more in length, 
if such seams are within the limits of 3J inches from the flange, measured 
at a point five-eighths inch from the tread. 

"(8) Worn flanges. — Wheels on axles with journals 5 inches by 9 
inches or over with flanges having flat vertical surfaces extending seven- 
eighths inch or more from the tread, or flanges one inch thick or less gauged 
at a point three-eighths inch above tread. Wheels on axles with journals 
less than 5 inches by 9 inches with flanges having flat vertical surfaces 
extending one inch or more from the tread, or flanges fifteen-sixteenths 
inch thick or less, gauged at a point three-eighths inch above the tread. 

"(9) Tread worn hollow. — If the tread is worn sufficiently hollow to 
render the flange or rim liable to breakage. 

"(10) Burst. — If the wheel is cracked from the wheel fit outward. 

"(11) Cracked tread, cracked plate, or one or more cracked brackets. 

"(12) Wheels out of gauge. 

"(13) Wheels loose on axle. 

"Note. — The determination of flat spots, worn flanges, and broken 
rims shall be made by a gauge as shown in figure 8, and its application to 
defective wheels as shown in figures 9, 10, 11, 12, and 13. 

"3B. (1) Forged Steel or Steel-tired Wheels. — Forged steel or steel- 
tired wheels with any of the following defects shall not be continued in 

service: — 

"(2) Loose wheels; loose, broken, or defective retaining rings or tires; 
broken or cracked hubs, plates, spokes, or bolts. 

"(3) Slid flat spot 2J inches or longer; or, if there are two or more 
adjoining spots, each 2 inches or longer. 

"(4) Defective tread on account of cracks or shelled out spots 2\ 
inches or longer, or so numerous as to endanger the safety of the wheel. 

"(5) Broken flange. 

"(6) Flange worn to fifteen-sixteenths inch or less in thickness, gauged 
at a point three-eighths inch above the tread, or having flat vertical sur- 
face, one inch or more from the tread; tread worn five-sixteenths inch; 
flange more than \\ inches from tread to top of flange, or thickness of 
tires or rims less than shown in figures 4, 5, 6, and 7. 

"(7) Wheels out of gauge. 

" 3C. Driving and Trailing Wheels. — Driving and trailing wheel 
centres with divided rims shall be properly fitted with iron or steel filling 
blocks before the tires are applied, and such filling blocks shall be properly 



223 



maintained. When shims are inserted between the tire and the wheel 
centre, not more than two thicknesses of shims may be used, one of which 
must extend entirely around the wheel. 

" 3D. Driving wheel counterbalance shall be maintained in a safe and 
suitable condition for service. 

" 3E. (1) Driving and trailing wheels with any of the following defects 
shall not be continued in service: — 

"(2) Driving or trailing wheel centres with one or more spokes in 
wheel broken. 

"(3) Loose wheels; loose, broken, or defective tires or tire fasten- 
ings; broken or cracked hubs, or wheels out of gauge. 

" 3F. (1) Driving and Trailing Wheel Tires. — The minimum height of 
flange for driving or trailing wheel tires, measured from tread, shall be 
one inch for locomotives used in road service, except that on locomotives 
where construction will not permit the full height of flange on all drivers, 
the minimum height of flange on one pair of driving wheels may be five- 
eighths inch. 

"(2) The minimum height of flange for driving wheel tires, measured 
from tread, shall be "seven-eighths inch for locomotives used in switching 
service. 

"(3) The maximum taper for tread of tires from throat of flange to 
outside of tire, for driving and trailing wheels for locomotives used in road 
service, shall be one-fourth inch, and for locomotives used in switching 
service five-sixteenths inch. 

"(4) The minimum width of tires for driving and trailing wheels of 
standard-gauge locomotives shall be o-J inches for flanged tires and 6 
inches for plain tires. 

"(5) The minimum width of tires for driving and trailing wheels of 
narrow-gauge locomotives shall be 5 inches for flanged tires and inches 
for plain tires. 

"(6) When all tires are turned, or new tires applied to driving and 
trailing wheels, the diameter of the wheels on the same axle, or in the same 
driving wheel base, shall not vary more than three thirty-seconds inch. 
When a single tire is applied the diameter must not vary more than three 
thirty-seconds inch from that of the opposite wheel on the same axle. 
When a single pair of tires is applied the diameter must be within three 
thirty-seconds inch of the average diameter of the wheels in the driving 
wheel base to which they are applied. 

"(7) Driving and trailing wheel tires with any of the following 
defects shall not be continued in service: — 

"(8) Slid flat spot 2^ inches or more in length: flange fifteen- 
sixteenths inch or less in thickness, gauged at a point three-eighths inch 
above the tread; or having flat vertical surface one inch or more from 
tread, tread worn hollow five-sixteenths inch on locomotives used in road 
service, or three-eighths inch on locomotives used in switching service; 
flange more than H inches from tread to top of flange. (See figures 1, 2, 
and 3.) 

" Note. — The determination of flat spots and worn flanges shall be 
made by a gauge as shown in figure 8, and its application to defective 
tires as shown in figures 9, 10, and 11." 

C. P. FULLERTON, 

Chief Commissioner, 



224 




No. 1. — STEEL TIRE 
Retaining ring fastening. Driving and trailing wheels. 




\ f 

* T FOR LOCOMOTIVES U SCO »N ROAD SERVICE -A=V a , 

\ T TOR UOCOMOTIVES USCOIN SWlTGMir^ S£RV»CE-A=g 




No. 2. — STEEL TIRE 

Shrinkage fastening with shoulder and retaining segments. Driving and trailing wheels. 




No. 3.— STEEL TIRE 
Shrinkage fastening. Driving and trailing wheels. 



225 




No. 4. — STEEL TIRE 
Retaining ring fastening. Engine and tender truck wheels. 




CRITICAL LINE y 

Fig 

No. 5. — STEEL TIRE 
Shrinkage fastening only. Engine and tender truck wheels. 




No. 6.— STEEL TIRE 
Retaining ring fastening. Engine and tender truck wheels. 



226 




No. 7. — STEEL WHEEL 
Engine and tender truck wheels. 




Fig. 8.— WHEEL DEFECT GAUGE 
This gauge to be used in determining flat spots, worn flanges, and broken rims. 



22; 




Fig. 9.— METHOD OF GAUGING WORN FLANGES 




Fig. 10.— METHOD OF GAUGING WORN FLANGES 



228 




Fig. 11.— METHOD OF GAUGING SHELLED AND FLAT SPOTS 




Fig. 13.— METHOD OF GAUGING BROKEN RIMS 



229 



GENERAL ORDER No. 517 

In the matter of the General Order of the Board No. 333, dated March 26, 1921, 
prescribing the form, size, and style of the tariffs of telephone tolls to be 
charged by telephone companies; and directing that the company deposit 
and keep on file in each city, town, and village, in a convenient place, open 
for the inspection of the public during business hours, a copy of its 
Exchange Tariff in use thereat, and print a notice prominently and in bold 
type in each of its Official Telephone Directories directing the public atten- 
tion to the place in its office or offices in each city, town, and village where 
such tariffs are on file. 

File No. 3926.1 

Tuesday, the 5th day of September, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

Upon reading the application of the Bell Telephone Company of Canada 
for an order amending the said General Order No. 333; and upon the report and 
recommendation of the Assistant Chief Traffic Officer of the Board, — 

It is ordered: That General Order No. 333, dated March 26, 1921, be, and 
it is hereby, amended by striking out paragraph (1) on page 3 thereof and sub- 
stituting therefor the following, namely: — 

" That the company deposit and keep on file in every city, town, and 
village in which it maintains an office (or where an office is not maintained, 
at the nearest company office convenient to the public) a copy of its 
Exchange Tariff in use thereat, such Exchange Tariff to be kept in a con- 
venient place, open for the inspection of the public during business hours, 
and that the company print a notice prominently and in bold type in each 
of its Official Telephone Directories directing the public attention to the 
place in its office or offices in each city, town, and village where such tariffs 
are on file." 



C. P. FULLERTON, 

Chief Commissioner. 



£fje poarb of 

Emltoap Commts&tonera for Canatra 



Judgments, Orders, Regulations, and Rulings 



Vol. XXffl Ottawa, October 1, 1933 No. 14 



This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscription, $3.00; single 
numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be made to the King's Printer, 
Ottawa, by postal money order, express order or accepted cheque. The use of currency for this purpose is 
contrary to the advice of the postal authorities and entails a measure of risk. Postage stamps, foreign money 
or uncertified cheques will not be accepted. No extra charge is made for postage on documents forwarded to 
points in Canada and in the United "States, but cost of postage is added to the selling price when documents 
are mailed to other countries. Early application should be made for copies in quantities. Subscriptions 
should be sent, in every case, to the King's Printer, Ottawa. 



Complaint of Confederated Freight Association, Toronto, that the Canadian 
National Railways refuse to apply, from Beauharnois to Toronto, the' 
Class Rates in effect via the New York Central Lines and Canadian 
Pacific Railway. 

File No. 26963.98. 

JUDGMENT 

By the Board: 

The complainants in a letter dated July 22, 1933, make the following state- 
ment: — 

" It is our contention that the competitive rates via the Canadian 
Pacific Railway, and the New York Central Railroad, whereby Beau- 
harnois is intermediate to Valleyfield. . . . are also applicable over 
a movement on the Canadian National Railways, in accordance with the 
competitive requirements of the systems' tariffs, approved by the Board." 

It is also stated that the Canadian National Railways have admitted this 
as being proper, and that refunds have been made on claims submitted on this 
basis. 

In effect, the claim is that, on traffic moving over the Canadian National 
Railways, the lawfully filed tariffs of that company should not apply, but, in 
lieu thereof, the lower rates of a competing company. 

Via the Canadian National Railways the movement is a single-line one, the 
distance between Toronto and Valleyfield being 302 miles, and Beauharnois 
328 miles, and the following class rates are published by that company: — 

123 45678 10 

Valleyfield 83 72 63 52£ 41i 37£ 32 34£ 29 

Beauharnois 90 79 68 55£ 45i 41^ 34£ 36| 30i 



231 



232 



The Canadian Pacific Railway, jointly with the New York Central Rail- 
road, publish the same rates, the joint distances being, Valley field 363 miles, 
and Beauharnois 350 miles. The movement between Valleyfield and Toronto, 
via this route, is through Beauharnois, and, as rates were not indicated in the 
tariff as being competitive, the Canadian Pacific Railway, under subsection 

3, section 329 of the Railway Act, could not charge from Beauharnois higher 
rates than in effect from Valleyfield. The Canadian Pacific Railway Company's 
Tariff C.R.C. No. E-3221 has now been amended to indicate the rates as being 
competitive, and not applicable between intermediate points, effective January 

4, 1933. 

In the past, the Board has, only upon the request of the railway, permitted 
settlement of freight charges on the basis of a lower rate in effect via a com- 
peting line, but always with the proviso that all shippers similarly situated shall 
receive like treatment. 

It is stated the Canadian National Railways have settled claims on the basis 
of the Canadian Pacific Railway Company's rates from Beauharnois, but no 
application was made to the Board for permission to do so, and their action was 
without authority and probably illegal. 

Subsection 4, section 331, and section 343 of the Railway Act, read as 
follows: — 

" When the foregoing provisions have been complied with, any such 
special freight tariff, unless suspended or postponed by the Board, shall 
take effect on the date stated therein as the date on which it is intended 
to take effect, and the company shall thereafter, until such tariff is dis- 
allowed or suspended by the Board or superseded by a new tariff, charge 
the toll or tolls as specified therein, and such special freight tariff shall 
supersede any preceding tariff or tariffs, or any portion or portions 
thereof, in so far as it reduces or advances the tolls therein." 

" If the company files with the Board any tariff and such tariff 
comes into force and is not disallowed by the Board under this Act, or if 
the company participates in any such tariff, the tolls under such tariff 
while so in force shall, in any prosecution under this Act, as. against such 
company, its officers, agents or employees, be conclusively deemed to be 
the legal tolls chargeable by such company." 

These sections make it clear that the only rates the company may charge 
are those published in their lawfully filed tariffs. 

It has been held by the Board that it is within the discretion of the rail- 
way company whether or not it shall meet competition, and regardless of alleged 
unauthorized acts of the Canadian National Railways, and in view of the 
sections of the Railway Act quoted above, the Board does not require settle- 
ment on the basis of rates contrary to the lawfully filed tariffs of the company, 
and rules that the lawful class rates, in cents per 100 pounds, for movements 
over the Canadian National Railways, between Beauharnois and Toronto, are 
as follows: — 

12345678 10 
90 79 68 55^ 45£ 41* 34* m 30i 

Ottawa, September 14, 1933. 



233 



Application of the Michigan Central Railroad Company for an Order author- 
izing it to take out the crossing gates installed under the Board's Order 
No. 9755, dated February 26, 1910, at Main street, west of Comber 
Station, Ont., and to permit the company to substitute therefor lightning 
flash or wigwag signals, whichever the Board sees fit to order. 

File No. 9437.133 

JUDGMENT 

McLean, Assistant Chief Commissioner: 

At the hearing at Chatham it appeared to the Board that an agreement 
could be worked out between the parties. Subsequent to the hearing the 
Michigan Central Railroad filed consent minutes reading as follows: — 

" 1. That leave be, and it is hereby, granted the applicant company 
to install, in lieu of the gates required to be maintained by the said 
Order No. 9755, automatic bells and wigwags at Main street, west of 
Comber Station, Ontario, on the line of the Canada Southern Railway, 
in accordance with ' The Standard Specifications for Highway Crossing 
Signals/ approved under General Order No. 468; a detail plan showing 
the layout thereof to be submitted for the approval of an Engineer of 
the Board. 

" 2. That the cost of installing and maintaining the said bells and 
wigwags, the removal of the gates, and the warning sign which the 
township agrees to erect on the highway at the point of crossing be borne 
and paid by the applicant company. 

" 3. That orders numbered 9755 and 10022, dated respectively 
February 26, 1910, and March 25, 1910, made herein, be rescinded." 

At a later date the solicitors for the municipality stated that one point which 
required further explanation was whether or not the Standard Specifications for 
Highway Crossing Signals, approved under General Order No. 468, are applic- 
able to the present case, or whether the proposed plan differed from the said 
Standard Specifications. 

Further discussion has taken place between the municipality and its 
solicitors. The Board is now in receipt of a communication which reads as 
follows: — 

" In connection with the tentative Order herein the difficulty of 
ourselves and of our clients is to know whether the order which is rather 
general in its terms sufficiently covers the matter. We have had corre- 
spondence with the clerk of the municipality of Tilbury West and he has 
taken the matter up with the council which naturally accounts for part 
of the delay. The council have instructed the clerk to state that they 
approve of a system of wigwag protection as shown in the plans sub- 
mitted a copy of which you no doubt have on file. The understanding 
is that a special system would be installed, to provide for unnecessary 
wigwagging when switching is being done at the crossing and when there 
is really no through train over same. We feel that the wording of the 
order which refers to the general order does not cover this feature and 
we would be glad to receive your comments as we feel that the railway 
company is quite prepared as agreed to give this additional protection 
it being of course understood that the entire installation and up-keep 
costs are to be borne by the railway." 

68490-1* 



234 



Apparently there are two points outstanding: (1) the question of whether 
or not the Standard Specifications for Highway Crossing Signals, approved 
under General Order No. 468, govern the present case, or whether the proposed 
plan differs from the Standard Specifications. The answer to this is that the 
situation is governed by the plans which will be filed in the present case for 
approval by the Board's Engineer. The second point urged is that a special 
system should be installed to provide against unnecessary wigwagging when 
switching is being done at the crossing. On consideration of this submission, 
it would appear that the matter can be taken care of as follows: that the layout 
be so arranged that the bell and wigwag can be cut out during shunting opera- 
tions, but go into operation automatically when a train enters the ringing section 
on the main line, and that shunting movements over the crossing, when the bell 
and wigwag have been cut out, be protected by one of the trainmen; and pro- 
visions should be made accordingly and order issue. (Reference may be made 
to Queen Street Crossing, Tilbury, Ont., Case 4610; and Talbot Street Crossing, 
Town of Essex, Ont., Case 588.) 

September 16, 1933. 

Commissioner Stoneman concurred. 



ORDER No. 50333 

In the matter of the application of the New York Central Railroad Company, 
hereinafter called the " Applicant Company," for authority to remove the 
gates required to be provided under the Order of the Board No. 9755, 
dated February 26, 1910, at Main Street, west of Comber Station, Ontario, 
on the line of the Canada Southern Railway, and substitute wigwag signals 
therefor. 

File No. 9437.133 

Monday, the 18th day of September, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 
J. A. Stoneman, Commissioner. 

Upon hearing the application at the sittings of the Board held at Chatham, 
April 7, 1933, in the presence of counsel for the applicant company and the town- 
ship of Tilbury West; and upon reading the further written submissions filed, 
and the report and recommendation of the Chief Engineer of the Board, — 

It is ordered: 

1. That leave be, and it is hereby, granted the applicant company to install, 
in lieu of the gates required to be maintained by the said Order No. 9755, auto- 
matic bells and wigwags at the crossing of Main street, west of Comber Station, 
in the province of Ontario, on the line of the Canada Southern Railway, in 
accordance with " The Standard Specifications for Highway Crossing Signals," 
approved under General Order No. 468; that the layout be so arranged that the 
bells and wigwags can be cut out during shunting operations, but go into opera- 
tion automatically when a train enters the ringing section on the main line; and 
that shunting movements over the crossing, when the bells and wigwags have 
been cut out, be protected by one of the trainmen. 

2. That a detail plan showing the layout of the said bells and wigwags be 
submitted for the approval of an engineer of the Board.- 



235 



3. That the cost of installing and maintaining the said bells and wigwags, 
the removal of the gates, and the warning sign which the township agrees to erect 
on the highway at the point of crossing, be borne and paid by the applicant com- 
pany. 

4. That orders No. 9755 and No. 10022, dated respectively February 26, 
1910, and March 25, 1910, made herein, be, and they are hereby, rescinded. 

C. P. FULLERTON, 

Chief Commissioner. 



Application of the Michigan Central Railroad Company, per Saunders, Kings- 
mill, Mills & Price, Toronto, Ont., for an Order authorizing the installa- 
tion of wigwag signals and alarm bells as protection instead of the exist- 
ing gates, at Talbot Street Crossing, Town of Essex, Ontario, and that 
the said Town of Essex, Ont., contribute toivards whatever form of pro- 
tection is ordered at m this point. 

Case No. 588 

JUDGMENT 

McLean, Assistant Chief Commissioner: 

Application is made for an order authorizing the installation of wigwag 
signals and alarm bells in place of the existing gates at Talbot street crossing, 
town of Essex, Ont. In the application as launched the cost of maintenance is 
emphasized. It is stated that at present, as a result of Order of December 7, 
1932 (Order No. 49285), the Michigan Central bears the whole cost of mainten- 
ance and operation of gates, amounting to $4,260 per annum. The cost of bell 
and wigwag signals is given as $1,740. In asking for bell and wigwag installa- 
tion the railway asks that if the municipality does not consent, it should pay 
a part of the cost of maintenance and operation of gates if it insists on gates 
being employed. The railway states its willingness to bear the cost of instal- 
lation and maintenance (p. 725). The bell and wigwag service which is pro- 
posed is a twenty-four hour service. 

In this matter, as is pointed out in dealing with Queen Street crossing, 
Tilbury, Ont., there must be borne in mind, not only the economies of operation 
attaching to a particular type of protection, but also the question of safety. 
Except where there is absolute separation of grades, there is always a factor of 
danger dependent on the human element. If people approach a crossing with- 
out reasonable care, they are inviting danger, and an accident is likely to occur. 
On the other hand, absolute care would make the most dangerous crossing 
absolutely safe. The fact that accidents may happen at gates is shown in the 
fact that during the period 1921 to 1932, there have been twenty-six occasions 
when the gates at this crossing were crashed into by motor cars. In the records 
of the Board are contained, from time to time, the reports on dangerous practices 
of motorists, drivers of other vehicles, and of pedestrians at protected highway 
crossings. The report covering December 1, 1932, to February 28, 1933, appears 
in volume 23 of the Board's Judgments and Orders of April 19, 1933 (see pp. 11 
to 18, inclusive). This shows seven cases where the motor car ran into a train, 
and forty -two cases where gates were crashed by motor cars. In the period from 
November 1, 1932, to January, 1933, gates were crashed in four cases. At 
Saint John, New Brunswick, between December 2, 1932, and February 3, 1933, 
three gates were crashed. At Chatham, Ont., between November 26, 1932, and 
December 17, 1932, five gates were crashed. 

68499—2 



236 



These examples are given, not with a view to claiming that the test in any 
final way proves the inefficiency of the gate system. It may, however, be inferred 
as pointed out, that no matter what type of protection is used, the human factor 
is important. 

Mr. Charles E. Hill, General Safety Agent, New York Central lines, was 
called as a witness by the Michigan Central at the hearing of the above applica- 
tion which took place at Chatham, Ont. He stated he had for ten years occu- 
pied the position of general safety agent. On December 31, 1932, on the whole 
New York Central lines there were 1,970 crossings protected by visual signals; 
492 protected by gates; 712 by watchmen, and 392 by alarm signals. This gives 
a total of 3,566 protected crossings, and approximately 53 per cent of these were 
protected by visual signals. He stated that the proportion of the crossings pro- 
tected by visual signals had been rapidly increasing for the past six or seven 
years and that this was due to the fact that that type of signal was adopted by 
the American Railway Association. Asked more particularly what was the posi- 
tion on the Michigan Central Railroad, he stated that at the end of 1932 there 
were 714 crossings on the Michigan Central Railroad having some type of pro- 
tection, and of that number 544 had visual protection. 

As has already been pointed out, the human factor is always important, 
and, therefore, it would not be reasonable, even if one desired to make such a 
comparison, to compare the efficiency of the different crossings in terms of the 
number of accidents taking place at each crossing. Mr. Hill, at p. 698, vol. 606, 
said: "On the Michigan Central as a whole, during the years 1931 to 1932, 
there were 86 crossings protected by gates, and at these crossings there were 11 
accidents. We had 105 protected by wigwag signals, and at these there were 
just two accidents. The volume of traffic, I would say, is practically the same 
at all these crossings; I mean it would average the same." He stated that for 
the years 1931 and 1932 on the Canada division of the Michigan Central Rail- 
road there were 89 crossings protected by wigwag signals, and that they produced 
two accidents during these two years. There were 13 crossings protected by 
gates, and they produced two accidents. In referring to accidents he meant 
those in which personal injury was involved. He stated that since the visual 
signal had been made standard, the general practice on the New York Central 
lines, as well as its controlled lines, had been to substitute visual signals for 
gates. The following is excerpted from Mr. Hill's examination: — 

" Q. I believe you have looked into the Canada Southern situation? — 
A. Yes. For the years 1931 and 1932 on the Canada Division of the 
Michigan Central Railway there were 89 crossings protected by wigwag 
signals, and they produced only two accidents during those two years. 
We had only 13 crossings protected by gates, and they produced two 
accidents. When I refer to accidents I refer to those where personal injury 
was involved. On that basis the relative efficiency as between gates and 
wigwags would be in about the proportion of 1 to 7. 

" Q. In favour of what? — A. In favour of the wigwag. 

" Q. Based on this information which you have secured, and your 
experience over a ten-year period, what observations can you make regard- 
ing the visual signal and the wigwag, which is one of the forms of visual 
signals, and the gate crossings? — A. Well, my experience or observation 
has been based on analyses made from time to time, that the visual signal 
is superior, due to the fact that it functions 24 hours during the day ; there 
is no human element involved. In all of the experiences we have had on our 
lines, we have never yet had a failure reported where an accident has 
occurred. In the operation of gates we have to depend upon the human 
element, and it is not infallible; it occasionally makes mistakes. Further- 



237 



more, the visual signal has been standardized throughout the country. The 
safety departments of the various railroads, especially the Safety Depart- 
ment of the American Railway Association, which takes in Canada, has 
given a great deal of publicity through posters and magazines, before 
public bodies, by having miniature signals displayed at the various large 
stations and other places, so that we have been trying to educate the 
public as to what a signal is and what it means. 

" Q. To your knowledge have there been any recent installations of 
gates? — A. Not to my knowledge. I do know that it is our policy, and has 
been since the visual signal was made standard about six years ago, not 
to install any gates, but the substitution of visual signals for gates. In 
my experience for the past number of years, when any improvement has 
been made, we have adopted it." 

I think that order should go providing for bells and wigwags. I recommend 
that double bell and wigwag be installed at Talbot Street crossing and an addi- 
tional bell and wigwag at the angle of Victoria and Talbot streets, detailed plans 
to be filed for approval of an engineer of the Board. 

The order should make provision for cutting out the bell and wigwag, and 
providing protection at the crossing by means of one of the trainmen when shunt- 
ing is going on and the train has been left at the west-bound track, resulting in 
bell and wigwag operating unnecessarily. 

September 15, 1933. 

Commissioner Stoneman concurred. 



ORDER No. 50338 

In the matter of the application of the New York Central Railroad Company, 
hereinafter called the "Applicant Company/' for leave to substitute bells 
and wigwags for the existing gates at the crossing of Talbot street by 
the Michigan Central Railroad, in the Town of Essex and Province of 
Ontario. 

Case No. 588. 

Monday, the 18th day of September, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 
J. A. Stoneman, Commissioner. 

Upon hearing the application at the sittings of the Board held at Chatham, 
April 7, 1933, in the presence of counsel for and representatives of the appli- 
cant company, the town of Essex, and the Department of Public Highways for 
the Province of Ontario, and what was alleged; and upon reading the further 
written submissions filed, and the report and recommendation of the Chief 
Engineer of the Board, — 

It is Ordered: 

1. That leave be, and it is hereby, granted the applicant company to install, 
in lieu of the existing gates, double bells and wigwags at the said crossing of 
Talbot street by the Michigan Central Railroad, and an additional bell and 
wigwag at the angle of Victoria and Talbot streets, in the town of Essex and 

68490— 2 S 



238 



province of Ontario, in accordance with " The Standard Specifications for High- 
way Crossing Signals " approved under General Order No. 468: Provided the 
layout be so arranged that the bells and wigwags can be cut out when shunting 
is going on and the train has been left on the westbound track ; and that shunt- 
ing movements over the crossings, when the bells and wigwags have been cut out, 
be protected by one of the trainmen. 

2. That a detail plan showing the layout of the said bells and wigwags be 
submitted for the approval of an Engineer of the Board. 

3. That the cost of installing and maintaining the said bells and wigwags 
be borne and paid by the applicant company. 

C. P. FULLERTON, 

Chief Commissioner. 



Application of the Michigan Central Railroad Com.pany for an Order author- 
izing it to substitute for the present crossing gates, wigwag and automatic 
bells at Queen Street crossing, Tilbury, Ont. 

Case No. 4610 

JUDGMENT 

McLean, Assistant Chief Commissioner: 

At the crossing in question the double track of the railway crosses the 
street nearly at right angles. About 75 feet north of the north rail, Louise 
street (No. 18 Highway) enters Queen street from the west. The plan shows 
that there is a fairly good view of approaching trains except from the southwest 
angle of the crossing, where the view is somewhat obstructed by an elevator. 
When 93 feet from the crossing a train can be seen 230 feet away, and when 64 
feet from the crossing it can be seen 780 feet away. The crossing is protected 
at the present time by gates and watchmen at an expense of $2,400 per year. 
The company desires to substitute automatic bells and wigwags for the gate 
protection at an expense of $1,915 for construction, and $60 per annum for 
maintenance. 

The municipality objects strongly to the replacement of the gates by bell 
and wigwag. The application of the railwajr is on the ground of economy. It 
goes without saying, however, that economy would not be sufficient in itself, 
and that the question of safety in connection with the protective devices installed 
is exceedingly important. 

The town opposed the application for various reasons, the principal of 
which was that there was considerable shunting in the vicinity of the crossing, 
and that the signals therefore would give false indications. The company 
promised to take care of this by installing a cut-out switch which would cut 
out operation of the bells and wigwags by shunting trains, but would not pre- 
vent their operation by trains passing on the main line. It was also proposed 
that one of the trainmen protect the crossing during the period when shunting 
operations were going on, and the bells and wigwags were out of operation. 

There has been a steady increase in the installations of automatic signals. 
Out of 1,095 crossings reported by the leading railways of Canada protected 
by watchmen, gates and bell and wigwag, flashing light and bell, electric bell, 
lightning flash and bell, four hundred and forty (440) are protected by bell and 
wigwag; two hundred and seventy-nine (279) by electric bell; and forty-three 
(43) by flashing light and bell, and lightning flash and bell. 

There always is an element of danger in connection with the approach to 
a level crossing. This element of danger is due in a great many cases to lack 



239 



of care in the approach, and the difficulties in this regard have been increased 
by the development of motor traffic. At the level crossing, no matter what 
kind of protection is installed, safety demands the co-operation of the one using 
the highway. The records which have been adduced before the Board in many 
cases involving protection, show that crashing of gates is not an uncommon 
factor. Bells and wigwags would appear to be as effective as gates in calling 
attention to the fact that the train is coming. If the motor car driver is so 
far from the crossing when the gates ascend as not to observe them, there is 
nothing in motion when he arrives to call his attention to them. It would 
appear from the numerous cases of motors running into gates, that at times 
they are not observed in time for the motorist to stop before running into them. 
When he does run into them the chances are that he puts on the brakes auto- 
matically, and stops on the rails. On the other hand, the wigwags are in motion 
if he comes up to a crossing when the train is approaching, and if he fails to 
observe them in time, there is no gate crashing to cause him to put on his 
brakes automatically, and he stands a better chance of getting away before the 
train reaches the crossing. 

Statistics point to bells and wigwags being as safe as gates. In the five 
years 1927 to 1932, there have been in Canada 114 accidents at crossings pro- 
tected by bells and wigwags. At the same time, there have been 59 accidents 
at crossings protected by gates. The number of crossings protected with bells 
and wigwags (440) is to the number of crossings protected by gates (235) as 
1-9 to one; while the number of accidents is in the same ratio. 

In the latter part of 1928, the question came up of the substitution at 
certain crossings on the Canadian Pacific Railway, at Chatham, Ont., of bells 
and wigwags for gates already in place. By Order 42004, of January 2, 1929, 
in the case of King street, permission was given to make a trial substitution 
good for one year, it being provided that, unless the city of Chatham was 
satisfied with the installation of the bells and wigwags, the railway company 
should revert to the original gate protection. By Order 49488, a similar pro- 
vision is made in regard to Adelaide street. 

Some correspondence was exchanged towards the end of the trial period. 
On February 3, 1931, however, the matter was taken up by the City Council 
and it was decided, as set out, that the bells and wigwags were operating with 
reasonable satisfaction. The council approved of the continuance of the bell 
and wigwag system subject to such adjustment as may appear to be necessary 
to insure public safety from time to time. No further representations in regard 
to these installations are to be found in the records of the Board. 

On consideration it would appear that the installation of bells and wigwags 
would give a reasonable form of protection, always assuming as is necessary 
if protection is to be effective, that there should be reasonable care taken by 
the user of the highway. Relatively heavy traffic over the crossing is admitted. 

An analysis of the methods of protection shows an increase in use of bells 
and wigwags and other visual signs in the field of protection. Where electric 
bells were used there has been a steady movement to improve the situation by 
installing bells and wigwags or other visual signs. This has been noticeable 
both in Canada and the United States in the last seven or eight years, and the 
change has been coincident with the adoption of standards. The bell and wig- 
wag has the advantage of being more economical than the gate. This by itself 
would not be conclusive, but in addition to the railway economies of the bell 
operation, a study of the situation showis that with reasonable care the bell 
and wigwag affords a very safe form of protection. 

I am of opinion that double bells and wigwags should be installed at Queen 
Street crossing, and that an additional bell and wigwag should be installed at 
the angle of Louise and Queen streets. The order should make provision for 



240 



cutting out the bells and wigwags, and providing protection at the crossing by- 
means of one of the trainmen when shunting is going on and the train has been 
left at the west-bound track, resulting in bells and wigwags operating unneces- 
sarily. Detailed plans should be filed for the approval of an Engineer of the 
Board. The railway is consenting to the cost of installation and the cost of 
maintenance being upon it. 

September 15, 1933. 

Commissioner Stoneman concurred. 



ORDER No. 50337 

In the matter of the application of the New York Central Railroad Company, 
hereinafter called the " Applicant Company/' for leave to substitute bells 
and wigwags for the gates required to be maintained at the crossing of 
Queen Street by the Michigan Central Railroad, in the Town of Tilbury 
and Province of Ontario, under the Order of the Board No. 15201, dated 
October 11, 1911, as amended by Order No. 15582, dated December 11, 
1911. 

Case No. 4610. 

Tuesday, the 19th day of September, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 
J. A. Stoneman, Commissioner. 

Upon hearing the application at the sittings of the Board held at Chat- 
ham, April 7, 1933, in the presence of counsel for and representatives of the 
applicant company, the town of Tilbury, and the Department of Public High- 
ways for the province of Ontario, and what was alleged; and upon reading 
the further written submissions filed, and the report and recommendation of 
the Chief Engineer of the Board, — 

It is Ordered: 

1. That leave be, and it is hereby, granted the applicant company to 
install, in lieu of the gates required to be maintained by the said Order No. 
15201 as amended by Order No. 15582, double bells and wigwags at the cross- 
ing of Queen street by the Michigan Central Railroad, in the town of Tilbury 
and province of Ontario, and an additional bell and wigwag at the angle of 
Louise and Queen streets, in accordance with " The Standard Specifications 
for Highway Crossing Signals" approved under General Order No. 468: Pro- 
vided the layout be so arranged that the bells and wigwags can be cut out 
when shunting is going on and the train has been left on the westbound track; 
and that shunting movements over the crossing, when the bells and wigwags 
have been cut out, be protected by one of the trainmen. 

2. That detail plans showing the layout of the said bells and wigwags be 
submitted for the approval of an Engineer of the Board. 

3. That the cost of installing and maintaining the said bells and wigwags 
be borne and paid by the applicant company. 

4. That the said Orders No. 15201 and No. 15582, dated respectively 
October 11, 1911, and December 11, 1911, be, and they are hereby, rescinded. 

C. P. FULLERTON, 

Chief Commissioner. 



241 



Complaint of Firstbrook Boxes Limited, Toronto, in connection with rates on 

mill refuse 

File No. 38781 

JUDGMENT 

By the Board: 

Firstbrook Boxes Limited claim that the words " material for fuel only," 
shown in Canadian Pacific Railway Company's Tariff, C.R.C. No. E-4620, 
signify the name of a commodity upon which Rate Basis " D " should apply, 
and that there is no restriction as to the use of Edgings, Mill Refuse and Slabs. 

The railways claim the above words are printed in a different form of type 
for the express purpose of indicating their qualitative nature in connection with 
rates on Edgings, Mill Refuse and Slabs, and have always been so interpreted. 

In Canadian Pacific Railway Company's Tariff, C.R.C. No. E-2917, effective 
February 1, 1915, and succeeding Tariff, C.R.C. No. E-3225, effective December 1, 
1916, there are shown mileage rates on " Cordwood, Slabs and Edgings, Mill 
Refuse (material for fuel only), Sawdust and Shavings, carloads." In 'he tariff 
first named, there were two scales of rates, one applying on Cordwood, Shavings 
and Sawdust, and the other, a lower scale, applying on Slabs, Edgings and Mill 
Refuse. In the tariff last named, as a result of the Board's direction in Eastern 
Rates Case, Cordwood alone remained in the higher scale, and Shavings and 
Sawdust were added to the lower scale. 

In Tariff, C.R.C. No. E-3609, effective March 1, 1919, superseding C.R.C. 
E-3225, there was a change in the set up of the commodity descriptions, and the 
Scale " C " rates applied on " Cordwood (material for fuel only) with the lower 
Scale " D " rates applying on " Slabs, Edgings, Mill Refuse (material for fuel 
only), Shavings and Sawdust." 

C.R.C. No. E-3609 was cancelled by C.R.C. No. E-3818, effective January 1, 
1921, and the description therein is exactly the same as in the preceding tariff 
and above set out. 

Tariff, C.R.C. No. E-4620, effective April 20, 1933, cancelling C.R.C. E-3818, 
reads: "Cordwood (material for fuel only)"; " Edgings, Mill Refuse, Slabs, 
(material for fuel only) , Sawdust and Shavings." The words " material for fuel 
only," in both the above descriptions, are shown in light-face type, and the 
balance of the wording in heavy-face type, and, from a perusal of the com- 
modity descriptions of the various items shown on page 31 of this tariff, it is 
clear that the light-face is merely descriptive of the commodity named in the 
heavy-face type. 

In Supplement No. 5 to Tariff, C.R.C. No. E-4620, effective August 4, 1933, 
the last commodity description as contained in the original tariff, as above quoted, 
has been changed to read as follows: — 
"Edgings "] 
Mill Refuse } (For fuel purposes only.) 
Slabs J 
Sawdust and Shavings." 

The words " for fuel purposes only " are in light-face type, while the names 
of the commodities themselves are in heavy-face type. 

Reference, to the Canadian National Railways' tariffs shows that since 1924 
their corresponding item has read as follows: — 

"Edgings ] 

Mill Refuse J- (For fuel purposes only.) 

Slabs j 
Sawdust 
Shavings." 

See Tariffs, C.R.C. Nos. E-684, E-915, E-1221, E-1763 and E-1954. 



242 



As bearing on the clear intention that rates on these commodities apply 
only when for fuel purposes, it is noted that in Order in Council P.C. No. 1863, 
dated July 27, 1918, the increase allowed was one cent per 100 pounds, on 
" Cordwood, Slabs and Mill Refuse, for fuel purposes." Then, in the judgment 
covered by General Order No. 308, for the September, 1920, increase in rates, 
it is stated: " The increase in the rates on Cordwood, Slabs, Edgings and Mill 
Refuse, all for use exclusively as fuel, should be limited to 10 per cent." In 
General Order No. 351, dated November 26, 1921, covering the decrease in 
rates effective December 1, 1921, it is provided that " Rates on Cordwood, Slabs, 
Edgings and Mill Refuse, for fuel purposes, be restored to the basis in effect 
prior to September 13, 1920." 

If complainants' interpretation were a proper one, in connection with 
Edgings, Mill Refuse and Slabs, the same effect should be given to identical 
words in connection with Cordwood, although the Rate Basis is shown for that 
commodity as " C," a higher classification. Also, any forest product, when 
used for fuel, would, under complainants' contention, be entitled to Rate 
Basis " D." 

With regard to mileage rates on page 51 of Tariff, C.R.C. No. E-4620: all 
the commodities for which rates are shown are printed in heavy-face type, and 
qualifications are printed in light-face type. For example: Pulpwood is shown 
as taking Rate Basis " A "; 

Pulpwood — for manufacturing and reshipment via Canadian Pacific Rail- 
way—Rate Basis a F." 

Cordwood (Material for fuel only) — Rate Basis " C." 

Cordwood, for Excelsior Manufacturing Purposes — Rate Basis " E." 

Edgings, Mill Refuse, Slabs, material for fuel only, Sawdust and Shavings 
—Rate Basis " D." 

In Supplement No. 5 to the Tariff, the set-up of the item was somewhat 
changed, as previously shown, but the application was not changed, and the 
reference mark indicating " change in wording which results in neither increase 
nor reduction in charges " was properly shown. 

Under Canadian Pacific Railway Company's Tariff, C.R.C. No. E-4620, 
Rate Basis " D " is applicable on Edgings, Mill Refuse and Slabs, for fuel only. 

Ottawa, September 21, 1933. 



ORDER No. 50352 

In the matter of the complaint of Firstbrook Boxes Limited, of Toronto, Ontario, 
against the rates on mill refuse covered by the last item on page 2 of 
Supplement No. 5 of the Canadian Pacific Raihcay Company's Tariff 
C.R.C. No. E-4620. 

File No. 38781. 
Saturday, the 23rd day of September, A.D. 1933. 
Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

Upon reading the submissions filed in support of the complaint and on behalf 
of the Canadian Pacific and the Canadian National Railway Companies, — 

The Board declares: that, under the Canadian Pacific Railway Company's 
Tariff C.R.C. No. E-4620, Rate Basis "D" is applicable on Edgings, Mill Refuse 
and Slabs, for fuel only. 

C. P. FULLERTON, 

Chief Commissioner. 



243 



Application of the Town of Renfrew, Ontario, for approval of proposed change 
in gate system and installation of a more up-to-date signal system at 
Raglan Street Crossing of the Canadian Pacific Railway at Renfrew, 
Ontario, and that the cost of installation and operation of the proposed 
system be borne by the C.P.R. Company and the Ontario Highways 
Department. 

File 686. 

JUDGMENT 

By the Board: 

Order No. 7591 of July 6, 1909, provided for the erection and mainten- 
ance of gates at Raglan Street crossing in the town of Renfrew. It was pro- 
vided that there was to be a gateman in charge of said gates at all times. One- 
third of the wages of the man in charge of the gates was to be paid by the town 
of Renfrew. 

Under date of June 23, 1933, the town of Renfrew asked for a change in 
regard to the protection. Their letter reads as follows: — 

" We have had under consideration for some time the advisability of 
asking for a change in our gate system on Raglan street in the town 
of Renfrew. 

" The system now in use is a system of drop gates which closes the 
street and requires three men in shifts of eight hours each to operate. 

" We have been paying our proportion of this gate for some years 
and this is a considerable burden on the town's finances. 

" This gate is on the Main street of Renfrew which is part of the 
provincial highway system running from Arnprior through to Pembroke 
and north and we feel at this time that there should be a more up-to- 
date and approved signal system than is now in vogue at the present 
time and which can be operated at considerably less expense as we 
understand that these electric bells and signals are automatic on the 
approach of a train. 

" Regarding the cost of the installation and operation of this signal 
system we feel that this should be borne by the Canadian Pacific Rail- 
way Company and the Ontario Highway Department. 

" We have written Mr. Williams of Smiths Falls who is the super- 
intendent of this division and he advised us that an application should 
be made to you which they will not oppose." 

Correspondence has taken place in the matter involving representations 
by the Highways Department of the Province of Ontario, the Canadian Pacific 
Railway Company, and the town of Renfrew. 

The estimated cost of the bell and wig-wag protection asked for is $2,525 
for installation. Maintenance is estimated at $325 per annum. 

While it is indicated the town in the first instance asked to be relieved 
from contribution to the cost of protection, it is now willing to bear 25 per- 
cent of the cost of installation. In its letter of September 14, it proposes that 
the cost be divided, Canadian Pacific Railway Company 50 per cent ; town of 
Renfrew 25 per cent; Department of Highways 25 per cent. 

The Department of Highways in its letter of September 18 states that it is 
willing to bear one-third of the town of Renfrew's liability. 

The railway company in letter of August 24, proposes that the cost of 
installation and maintenance should be divided, one-third on the railway; one- 
third on the Department of Highways for the Province of Ontario; one-third 
on the town of Renfrew. 



244 



The following division of cost for installation appears to be reasonable: 
40 per cent out of the Unemployment Relief Fund; 30 per cent on the railway 
company; 20 per cent on the town of Renfrew; and 10 per cent on the High- 
ways Department. 

The average contribution to wages made annually by the municipality in 
connection with the gates now in place amounts to $1,051.20. The cost of' 
maintenance covering wages and all other maintenance costs should be divided, 
one-third on the Highways Department; one-third on the railway company; 
and one-third on the town of Renfrew. The town of Renfrew under this pro- 
posal will pay approximately $109 as compared with $1,051 it has been paying 
annually. 

Ottawa, September 22, 1933. 



ORDER No. 50353 

In the matter of the application of the Municipality of the Town of Renfrew, 
in the Province of Ontario, hereinafter called the " Applicant," for the 
installation of a bell and wigwag at the crossing of Raglan street by the 
Canadian Pacific Railway, in lieu of the gates maintained at the said 
crossing under the Order of the Board No. 7591, dated July 6, 1909. 

File No. 686 

iSattjrday, the 23rd day of September, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

Upon reading what is filed in support of the application and on behalf of 
the Department of Highways for the Province of Ontario and the railway com- 
pany; and upon the report and recommendation of the Assistant Chief Engineer 
of the Board, — 

It is ordered: 

1. That, within ninety days from the date of this order, the Canadian 
Pacific Railway Company install double wigwags and a bell, in lieu of the 
existing gates, at the said crossing of Raglan street, in the town of Renfrew and 
province of Ontario, in accordance with the Standard Specifications for Highway 
Crossing Signals, approved under General Order No. 468; a detail plan showing 
the layout thereof to be submitted for the approval of an Engineer of the Board. 

2. That forty per cent of the cost of installing the said bell and wigwags, 
not exceeding, however, the sum of $1,010, be paid out of the Railway Grade 
Crossing Fund from the amount appropriated to this fund under the Unemploy- 
ment Relief Act, 1930, approved by the Governor in Council under Order in 
Council P.C. 2582, dated November 5, 1930; and that thirty per cent be paid 
by the Canadian Pacific Railway Company, twenty per cent by the town of 
Renfrew, and ten per cent by the Department of Highways for the Province of 
Ontario. 

3. That the cost of maintaining the said bell and wigwags be borne and paid 
one-third by the railway company, one-third by the Department of Highways 
for the Province of Ontario, and one-third by the town of Renfrew. 

C. P. FULLERTON, 

C hief C ommissio ner. 



245 



ORDER No. 50310 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Martime Freight Rates Act. 

File No. 34822.12 

Monday, the 11th day of September, A.I). 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the tolls published from Milltown, New Brunswick, to Grand-Mere, 
Quebec, in item 220C of Supplement No. 51 to Tariff C.R.C. No. E-4312, filed by 
the Canadian Pacific Railway Company under section 9 of the Maritime Freight 
Rates Act, be, and they are hereby, approved, subject to the provisions of sub- 
section 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursements under subsection 3 of section 9 of the said Act, on traffic carried 
under the said item 220C"of Supplement No, 51 to Tariff C.R.C. No. E-4312, 
approved herein, are as follows: — 

Rates in cents per 100 pounds 
Carloads Less than carloads 

52i 78 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50312 ' 

In the matter of the application of the Canadian National Railways for an inquiry 
and hearing by the Board and a determination in the matter of a dispute 
between the Canadian National Railway Company, the Canadian Pacific 
Railway Company, and the Northern Alberta Railways Company in 
respect of an agreement dated January 29, 1929, and the provisions of 
Chapter 1+8 of the Statutes of Canada, 1929, the dispute arising over the 
interpretation of the words " and destined via Edmonton or Morinville to 
competitive points on or beyond the lines of the parties " contained in 
Clause 7 of the said agreement; 

And in the matter of the application of Canadian Pacific Railway Company 
under Section 52 (3) of the Railway Act, for leave to appeal to the 
Supreme Court of Canada from the Order of the Board No. 50139, issued 
upon the above application on the 12th day of July, 1933, upon a question 
which, in the opinion of the Board, is a question of law. 

File No. 38702 

Tuesday, the 12th day of September, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

Upon hearing the application in the presence of counsel for Canadian Pacific 
Railway Company and Canadian National Railway Company, and what was 
alleged, — 

It is ordered: That the applicant, the Canadian Pacific Railway Company, 
be and it is hereby granted leave to appeal to the Supreme Court of Canada 



246 



from Order No. 50139 of the Board of Railway Commissioners for Canada pro- 
nounced on the 12th day of July, 1933, upon the following question which, in 
the opinion of the Board, is a question of law, viz: — 

Whether upon the agreement made between the Canadian National Railway 
Company and the Canadian Pacific Railway Company on the 29th day of 
January, 1929, and the facts and circumstances hereinafter set forth, grain 
shipped from stations on the Northern Alberta Railways to Prince Rupert or to 
Victoria for export, and exported from either of those ports to say the United 
Kingdom, is to be excluded from the comparison of freight traffic for the purpose 
of the equal division to be made under article 7 of the agreement as not being 
• " outbound freight traffic destined to competitive points on or beyond the lines 
of the parties " as the expression is used in said article. 

The question arises upon the agreement above mentioned, and upon the 
following facts and circumstances: — 

1. The Northern Alberta Railways comprise lines of railway situated in the 
northern part of the province of Alberta, connecting with the Canadian Pacific 
Railway at Edmonton and with the Canadian National Railway at Edmonton 
and Morinville. 

2. They are the property of the Northern Alberta Railways Company, the 
capital stock of which is held by the Canadian National Railway Company and 
the Canadian Pacific Railway Company, jointly acquired by them under the 
authority of and pursuant to chapter 48 of the Dominion Statutes of 1929, and 
the agreements which form schedules "A" and "C" to that Act, a copy of which 
is attached to this order. 

3. The chief industry of northern Alberta is agriculture and the principal 
traffic on the Northern Alberta Railways consists of grain shipped for export 
from Canada, which each of the railways, the Canadian National and the Cana- 
dian Pacific, has at all times been desirous of securing for transport over its 
lines from the Northern Alberta Railways to the seaboard. 

4. The Pacific coast seaports from which grain is exported from Canada 
were and are Vancouver, New Westminster, Victoria, and Prince Rupert, in the 
province of British Columbia. Of these, Vancouver and New Westminster are 
reached by both the Canadian Pacific Railway and the Canadian National Rail- 
way, and Prince Rupert by the Canadian National alone. Victoria is reached by 
transporting the loaded cars of grain on barges from Port Mann on the Canadian 
National Railway near Vancouver, the distance thereto being 78 miles. The 
Canadian Pacific does not undertake the carriage of grain to Victoria by such a 
service. The bulk of the grain carried by each railway to these ports for export 
is taken to and exported from Vancouver. 

5. The Canadian National's line to Prince Rupert was originally part of the 
Grand Trunk Pacific Railway, and its line to Vancouver was originally part of 
the Canadian Northern Railway system. On September 2, 1925, coincidentally 
with the construction of the Government elevator at Prince Rupert, the Canadian 
National Railways issued a tariff of export grain rates from stations on its rail- 
way to Prince Rupert and these rates were the same as the export grain rates 
from the same stations to Vancouver (Tariff No. W.135-C, C.R.C. No. W.357, 
Supplement No. 15). Under the same date export grain rates from points on the 
Alberta and Great Waterways Railway to Prince Rupert via the Canadian 
National Railways were also put into effect on a parity with similar rates via 
Canadian National Railways to Vancouver (A.G.W. No. 123, C.R.C. No. 105, 
Supplement No. 7). Upon the termination of the Alberta Government agree- 
ment in 1926 the Canadian National published to Prince Rupert from points on 
the Edmonton, Dunvegan and British Columbia, Alberta and Great Waterways, 
and Central Canada Railways, export rates on the Vancouver basis (C.N. Tariff 



247 



No. W.135-D, C.R.C. No. W.432, Supplement No. 8). On October 12, 1927, the 
Canadian National Railways published similar rates from points on the Pembina 
Valley Railway to both Vancouver and Prince Rupert, as shown in Supplement 
1 to Canadian National Railways Tariff W.135-F, C.R.C. W.546. 

6. At the time of their acquisition in 1929 the Northern Alberta Railways 
were owned or controlled by the Government of Alberta; part of them, known as 
the Pembina Valley Railway, having been constructed by the Government, and 
the remainder, consisting of the railways of the Edmonton, Dunvegan and 
British Columbia Railway Company, the Central Canada Railway Company, 
and the Alberta and Great Waterways Railway Company having come into its 
hands through the insolvency of those companies. 

7. From 1920 to 1926, as the result of the agreement set out in chapter 56 
of the Statutes of Alberta, 1921, joint rates on grain shipped for export from 
stations on the Edmonton, Dunvegan and British Columbia and Central Canada 
Railways were established and maintained exclusively in connection with the 
Canadian Pacific Railway, and joint rates from stations on the Alberta and 
Great Waterways Railway Company in connection with both the Canadian 
Pacific and Canadian National Companies. In 1926 the Government terminated 
the agreement and all joint tariffs in connection with the Canadian Pacific were 
cancelled, and from that time until the acquisition of the lines by the Northern 
Alberta Railways Company in 1929, under agreement dated November 11, 1926, 
a copy of which is attached hereto, joint rates were maintained in connection 
with the Canadian National Railway Company exclusively. 

8. Since 1929 joint rates on grain have been published by the Northern 
Alberta Railways Company and the Canadian Pacific Railway Company from 
stations of the former to Vancouver and New Westminster for export, and by 
the Northern Alberta Railways Company and the Canadian National Railway 
Company to Vancouver, New Westminster, Victoria, and Prince Rupert for export 
(present C.N.R. Tariff No. W.135-F, C.R.C. No. W-546 and Supplements 36 
and 42 thereto, and C.P.R. Tariff No. W.5769, C.R.C. No. W.2847 and Supple- 
ments 37, 41, and 43 thereto. The rates in the foregoing tariffs from Canadian 
National and Canadian Pacific points to Vancouver were made under Order of 
the Board of Railway Commissioners No. 448 of August 26, 1927. The mileage 
from Edmonton to V ancouver via the Canadian National Railways is 765 miles, 
and via the Canadian Pacific is 836 miles. The mileage from Edmonton to Prince 
Rupert is 957 miles. In the calculation of the rates to Vancouver, the Canadian 
National mileage from Edmonton to Vancouver is taken by the Canadian Pacific 
as its mileage from Calgary to Vancouver. By reason of competition, the Cana- 
dian Pacific accepts for carriage via its line from Edmonton to Vancouver the 
same rate as the Canadian National receives for carriage via its shorter mileage. 
In order to place Prince Rupert on an equality with Vancouver, the Canadian 
National published the same rates to Prince Rupert as were effective over its 
own line to Vancouver, thus extending lower rates to Prince Rupert than required 
by General Order No. 448) . 

9. These rates, and the terms and conditions of rail carriage, are the same 
from any Northern Alberta Railways station to all these seaports, whether routed 
via Canadian National Railway or Canadian Pacific Railway. 

10. Export rates are lower than the domestic rates. For example: The rate 
on grain and grain products in carloads, from Grande Prairie on the Northern 
Alberta Railways to New Westminster and Vancouver via either the Canadian 
Pacific or the Canadian National, and to Victoria and Prince Rupert via the 
Canadian National, for export is 28 cents per one hundred pounds, while the 
domestic rate via either the Canadian Pacific or Canadian National is 52^ cents 



248 



per one hundred pounds to New Westminster and Vancouver, 55^ cents per one 
hundred pounds to Victoria, and via the Canadian National to Prince Rupert 
58 cents per one hundred pounds. 

11. Ocean rates on grain are not uniform, but by force of competition tend 
to equality. 

12. Grain shipped to any of the above-mentionel ports for export is dis- 
charged by the railway into elevators at the said ports and there stored with 
grain of the same grade, and is no longer earmarked as grain of that shipment. 
When the shipper desires to export his grain an equivalent amount of grain of the 
same grade is subject to his order. The same practice is followed in all cases 
where grain is milled or stored in transit. 

13. The port of Churchill on the Canadian National Railways is a port of 
export on the Atlantic coast to which grain from points on the Northern Alberta 
Railways may be carried under Canadian National Tariff No. W-485A, C.R.C. 
No. W.757. Outbound freight traffic to Churchill for export is dealt with by the 
Northern Alberta Railways Company for the purpose of article 7 of the agree- 
ment as being in the same category as similar traffic to Prince Rupert and Vic- 
toria. 

14. The question of law above stated came before the Board for determina- 
tion upon the application of the Canadian National Railway Company. A copy 
of the application, the answers of the Northern Alberta Railways Company and 
the Canadian Pacific Railway Company respectively, and the order of the Board 
and its reasons therefor, and the tariffs above mentioned, are appended to this 
order. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50317 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act; the Order of the Board No. 43632, dated 
October 17, 1929, approving the toll published on coal from Minto to 
Marysville, New Brunswick, in Supplement No. 5 to Tariff C.R.C. No. 160, 
filed by the Fredericton and Grand Lake Coal and Railway Company; 
Order No. 43633, dated October 17, 1929, approving the tolls on coal to 
Marysville, New Brunswick, published, in Supplement No. 5 to Tariff 
C.R.C. No. 125 filed by the New Brunswick Coal and Railway Company; 
and Order No. 45590, dated October U h 1930, amending the said Order 
No. 43632. 

File No. 34822.15 

Tuesday, the 12th day of September, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the tolls published on bituminous slack coal to Marysville, New 
Brunswick, in Supplement No. 13 to Tariff C.R.C. No. 160, filed by the Frederic- 
ton and Grand Lake Coal and Railway Company under section 9 of the Mari- 
time Freight Rates Act, be, and they are hereby approved, subject to the pro- 
visions of subsection 3 of section 3 of the said Act. 



249 



2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
on and after September 23, 1932, under the said Supplement No. 13 to Tariff 
G.R.C. No. 160, approved herein, are as follows: — 

Rates in cents per 

From 100 pounds 

Iron Bound Cove, N.B. ) nn 
Minto, N.B. j 1AU 
Pennlyn, N.B 120 

3. And the Board further orders that the said orders numbered 43632, 43633, 
and 45590, dated respectively October 17, 1929, October 17, 1929, and October 14, 
1930, be, and they are hereby, rescinded. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50328 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.12 

Friday, the 15th day of September, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the tolls published in items 17A, 1222, and 1386 of Supplement No. 
24 to Tariff C.R.C. No. E-4632, filed by the Canadian Pacific Railway Com- 
pany under section 9 of the Maritime Freight Rates Act, be, and they are hereby, 
approved, subject to the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said items 17A, 1222, and 1386 of Supplement No. 24 to Tariff C.R.C. 
No. E-4632 approved herein, are as follows: — 



Rates in cents 

Item 17A per 100 pounds 

To Montreal, Que 25 

To Toronto, Ont 33i 

Item 1222 

To Belleville, Ont 33 

Brockville, Ont 34V 

Hamilton, Ont 34 

Kingston, Ont 34 

Montreal, Que 29 

Port Colborne, Ont 34^ 

St. Catharines, Ont 34^ 

Toronto, Ont 33 

Windsor, Ont 41£ 

Item 1386 7 



C. P. FULLERTON, 

Chief Commissioner. 



250 

ORDER No. 50329 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.12 

Friday, the 15th day of September, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published in item 723 of Supplement No. 22 to Tariff C.R.C. 
No. E-4572, filed by the Canadian Pacific Railway Company under section 9 of 
the Maritime Freight Rates Act, be, and it is hereby, approved, subject to the 
provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said item 723 of Supplement No. 22 to Tariff C.R.C. No. E-4572 
approved herein, is 9 cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50330 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.12 

Friday, the 15th day of September, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published in item 17 of Supplement No. 17 to Tariff C.R.C. 
No. E-4632, filed by the Canadian Pacific Railway Company under section 9 of 
the Maritime Freight Rates Act, be, and it is hereby, approved, subject to the 
provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said item 17 of Supplement No. 17 to Tariff C.R.C. No. E-4632 
approved herein, is 25 cents per 100 pounds. 



C. P. FULLERTON, 

Chief Commissioner. 



251 



ORDER No. 50334 

In the matter of the application of the Canadian National Railways, herein- 
after called the u Applicants," for permission to cancel, on less than 
statutory notice, the rate published in item 20 of Tariff C.R.C. No. 
E-2036, between Toronto and Merritton, St. Catharines and Thorold, 
Ontario. 

File No. 27612.81 

Tuesday, the 19th day of September, A.D. 1933. 

S. J. McLean, Assistant Chief Commissioner. 
Hon. T. C. Norris, Commissioner. 

Upon its appearing that the said rate is applicable via the Niagara, St. 
Catharines and Toronto Navigation Company, and that the said company will 
cease navigation on September 24, 1933, — 

It is ordered: That the applicants be, and they are hereby, permitted to 
cancel, upon three days' notice, but not later than September 24, 1933, the 
rate of 25 cents per 100 pounds now published in item 20 of Tariff C.R.C. No. 
E-2036. 

S. J. McLEAN, 
Assistant Chief Commissioner. 



ORDER No. 50335 

In the matter of tariffs, and supplements to tariffs, filed under the provisions 
of the Maritime Freight Rates Act. 

File No. 34822.2 

Tuesday, the 19th day of September, A.D. 1933. 

S. J. McLean, Assistant Chief Commissioner. 
J. A. Stoneman, Commissioner. 

The Board orders: That the tolls published in the following tariffs filed by 
the Canadian National Railways under section 3 of the Maritime Freight Rates 
Act, be, and they are hereby, approved, subject to the provisions of subsection 
3 of the said section 3, namely: — 

Supplement No. 8 to Tariff C.R.C. No. E-1227. 
Supplement No. 43 to Tariff C.R.C. No. E-1244. 
Supplement No. 20 to Tariff C.R.C. No. E-1804. 
Supplement No. 5 to Tariff C.R.C. No. E-1906. 
Supplement No. 5 to Tariff C.R.C. No. E-1911. 
Supplement No. 3 to Tariff C.R.C. No. E-1974 
Tariff C.R.C. No. E-2047. 
Tariff C.R.C. No. 2049. 
Tariff C.R.C. No. 2050. 

S. J. McLEAN, 
Assistant Chief Commissioner. 



^ 3 / 




poart of 

Eatltoap Commissioners for Canatra 



Judgments, Orders, Regulations, and Rulings 



Vol. XXIII Ottawa, October 15, 1933 No. 15 



This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscription, $3.00; single 
numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be made to the King's Printer, 
Ottawa, by postal money order, express order or accepted cheque. The use of currency for this purpose is 
contrary to the advice of the postal authorities and entails a measure of risk. Postage stamps, foreign money 
or uncertified cheques will not be accepted. No extra charge is made for postage on documents forwarded to 
points in Canada and in the United States, but cost of postage is added to the selling price when documents 
are mailed to other countries. Early application ' should be made for copies in quantities. Subscriptions 
should be sent, in every case, to the King's Printer, Ottawa. 



Complaint of Mead Johnson and Company, Limited, Belleville, Ontario, relative 
to Freight Classification on less than carload shipments of " Mead's 
Cereal." 

(File No. 33365.94). 

JUDGMENT 

FULLERTON, CHIEF COMMISSIONER: 

Applicants complain that the railway company has erroneously interpreted 
the Canadian Freight Classification No. 18, C.R.C. No. 427, with the result that 
they have rated Mead's Cereal at second class, in less than carload lots, instead 
of fourth class. 

Applicants allege that Mead's Cereal " is a cereal, advertised as a cereal, 
bought as a cereal, it is directly competitive to other known cereals, and offered 
to the defendants as a cereal." As such they allege that it should be rated under 
Cereal Products and Preparations N.O.I.B.N. under item 13, page 74 of the 
Canadian Freight Classification No. 18, C.R.C. No. 427 at fourth class, in less 
than carload lots. 

In answer the defendants submit that the product " Mead's Cereal " is not 
a cereal on which the above rating should be applied. They allege that it is 
prepared food to which the rating "Food, Prepared N.O.I.B.N., item 11, page 
142," should apply. 

It does not follow from the fact that the product in question is called a 
cereal that it is necessarily a cereal within the meaning of the Classification. 
The word " cereal " comes from u Ceres," the Goddess of Grains and of the 
Harvest. In one of the standard dictionaries cereal is defined as follows: — 

" Of or pertaining to edible grain or farinaceous seeds, or to grasses 
that produce them. 

" The various kinds of cereal grain — such as corn, wheat, rice and 
maize — are the produce of true grasses. 

" A plant yielding grain or farinaceous seeds used for food, as wheat, 
maize, rye, oats, barley and millet. 

" The grain produced by such a plant, or a foodstuff made from it." 

253 



254 



So far as the evidence shows the ordinary cereals on the market are com- 
posed solely of grain or grain products. These are sometimes flavoured by 
sweetening or salting, but in no case that we have heard of has there been any 
other element added. 

Mead's Cereal is composed of seven different elements, three of which, 
namely; edible bone meal, alfalfa and dried brewer's yeast can hardly claim 
to come under the definition of cereal. It appears to me that adding these last 
named elements to the grain products of which it is composed makes Mead's 
Cereal a prepared food within the meaning of the Classification. 

There is, however, an additional element which has an important bearing in 
this case and that is the fact that the applicants, while they call their product 
a cereal, place it on a much higher plane than a mere cereal. This appears 
quite clearly from a pamphlet published by the applicants and put in in evidence 
at the hearing. Accepting the applicants' own statements as set forth in this 
pamphlet, their product differs from well-known cereals such as, for example, 
Quaker Oats, Health Bran, Red River Cereal, Corn Meal, Toasted Oats, Wheat- 
lets, Oatmeal, Rolled Oats, Farina and Rolled Wheat, in the following re- 
spects: — 

1. It is primarily manufactured as a food for sick children. 

2. It was devised in the Research Laboratories of the Hospital for Sick 
Children and the Department of Paediatrics, University of Toronto, and is 
regularly tested by the Paediatric Research Foundation of Toronto. 

3. It was devised because it was thought that rolled oats, farina and 
ordinary cereals were extremely deficient in such vital elements as essential 
minerals and vitamins in appreciable amount. 

4. It is advertised to physicians only. 

5. It is exclusively licensed by the Paediatric Research Foundation of 
Toronto for production by the Mead Johnson Company. 

6. It is marketed exclusively through drug stores. 

7. It sells at a much higher price than ordinary cereals. 

The principle is clearly laid down in the authorities that in arranging the 
classification of articles of commerce, their market value and the shippers' repre- 
sentations as to their character may properly be taken into account in ascertain- 
ing the analogy they bear to other articles, and determining the class to which 
they belong. See Warner v. The New York Central and Hudson River Railroad 
Company, 4 I.C.C. 32. 

In Mead Johnson and Company v. Atlantic Coast Line Railroad Company, 
168 I.C.C. 157, the question was raised as to the proper classification of Mead's 
Dextri-Maltose. Under the official and southern classification Maltose w 7 as 
rated third class in less than carloads and fifth class in carloads. Prepared 
foods, not otherwise indexed by name, were rated in less than carloads, second 
class in official and first class in southern, and in carloads third class in both 
classifications. 

Dextri-Maltose was rated under the latter classification and the complain- 
ant contended that it came under the former. It was admitted that Dextri- 
Maltose was technically a Maltose and that the only material difference between 
it and the ordinary commercial Maltose was that more care was taken in the 
manufacture of the former with regard to sanitation and probably to 
standardization of formula. Another slight difference was that 2 per cent of 
sodium chloride or 3 per cent of potassium bicarbonate was sometimes added. 
The labels in use in the case of Dextri-Maltose showed the chemical analysis of 
the product and described it as sugar carbohydrate used in the feeding of infants 
and adults, with a further statement that detailed directions for its uses would 
be furnished by physicians. The product was advertised only in medical 
journals. 



255 



The finding was that Dextri-Maltose was properly classified under the 
southern and official classification as Prepared Food N.O. I.B.N. 

In the Shell Petroleum Corporation v. Abilene and Southern Railway 
Company, 191 I.C.C. 147, decided in February of the present year, the rates 
on Shell Kleanzit, Shell Spot Remover and Shell Lighter Fluid were in question. 
These names are the trade names applied to a product which complainants asserted 
was merely gasoline. Complainants' contention was that these products should 
take the fifth class gasoline rates. The defendants on the other hand contended 
that rates of third class in less than carloads, and fourth class in carloads, 
applicable on cleaning, scouring or washing compounds, N.O.I.B.N. were proper 
for application on Kleanzit and Spot Remover, and that the rating second class, 
any quantity, was proper for Lighter Fluid. 

The Commission held in favour of the defendants' contention and in the 
course of the report said: — 

" As stated in Mead Johnson and Company v. Atlantic Coast Line 
Railway, 168 I.C.C. 157, if a manufacturer finds it advantageous to 
describe his product in a manner calculated to give purchasers the impres- 
sion that it is a different and higher grade article than it actually is, he 
cannot consistently complain if the carriers accept that description as the 
basis of the collection of freight charges." 

The principles laid down in these cases are directly applicable to the case in 
hand. The applicants by their own statements have put forward their product 
as of a quality far superior to the ordinary cereals and as something mainly 
designed for the treatment of sick children under the guidance of physicians. 

Under the circumstances I have no hesitation in holding that Mead's Cereal 
is a Prepared Food within the meaning of the classification. 

September 28, 1933. 

The Assistant Chief Commissioner and Commissioner Norris concurred. 



ORDER No. 50383 

In the matter of the complaint of Mead Johnson & Company of Canada, Limited, 
of Belleville, Ontario, relative to freight classification on less than carload 
shipments of " Mead's Cereal." 

File No. 33365.94 
Saturday, the 30th day of September, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 
Hon. T. C. Norris, Commissioner. 

Upon hearing the complaint at the sittings of the Board held in Ottawa, 
September 26, 1933, the complainant company and the Canadian Freight Associa- 
tion being represented at the hearing, and what was alleged, — 

It is ordered: That the complaint be, and it is hereby, dismissed. 

C. P. FULLERTON, 

Chief Commissioner. 

69140 



256 



ORDER No. 50363 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.2 
Monday, the 25th day of September, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the joint rate on salt from Malagash, Nova Scotia, to St. Andrews, 
New Brunswick, published in item 40 of Supplement No. 14 to Tariff C.R.C. No. 
E-1241, filed by the Canadian National Railways under section 3 of the Mari- 
time Freight Rates Act, be, and it is hereby, approved, subject to the provisions 
of subsection 3 of section 3. 

2. And the Board hereby certifies that the Canadian Pacific Railway Com- 
pany's proportion of the normal toll for the purpose of reimbursement under 
subsection 3 of section 9 of the said Act, on traffic carried under the said item 40 
of Supplement No. 14 to the said Tariff C.R.C. No. E-1241, approved herein, 
is 10 cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No, 50367 

In the matter of the application of the Nipassing Central Railway Company, 
hereinafter called the "Applicant Company," under Section 330 of the 
Railway Act, for approval of its Standard Freight Mileage Tariff C.R.C. 
No. 121, on file with the Board under file No. 29168. 

Thursday, the 28th day of September, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

Upon the report and recommendation of the Assistant Chief Traffic Officer 
of the Board, — 

It is ordered: That the applicant company's Standard Freight Mileage 
Tariff C.R.C. No. 121, on file with the Board under file No. 29168, be, and it is 
hereby, approved; the said tariff, with a reference to this order, to be published 
in at least two consecutive weekly issues of the Canada Gazette. 

C. P. FULLERTON, 

Chief Commissioner. 



257 



ORDER No. 50374 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.2 

Friday, the 29th day of September, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: That the tolls published in Supplement No. 24 to Tariff 
C.R.C. No. E-1504, Supplement No. 21 to Tariff C.R.C. No. E-1804, and Tariff 
C.R.C. No. 2054, filed by the Canadian National Railways under section 3 of the 
Maritime Freight Rates Act, be, and they are hereby, approved, subject to the 
provisions of subsection 3 of section 3. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No, 50375 

In the matter of tariffs, and supplements to tariffs, filed under the 1 provisions of 
the Maritime Freiaht Rates Act. 

File No. 34822.12 

Friday, the 29th day of September, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published in item 106 of Supplement No. 25 to Tariff C.R.C. 
No. E-4632, filed by the Canadian Pacific Railway Company under section 9 of 
the Maritime Freight Rates Act, be, and it is hereby, approved, subject to the 
provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said item 106 of Supplement No. 25 to Tariff C.R.C. No. E-4632 
approved herein, is 12^ cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50376 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No, 34822.12 

Friday, the 29th day of September, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published on woodpulp from St'. George, New Brunswick, 
to Stanbridge, Quebec, in Supplement No. 8 to Tariff C.R.C. No. E-4304, filed 
by the Canadian Pacific Railway Company under section 9 of the Maritime 



258 



Freight Rates Act, be, and it is hereby, approved, subject to the provisions of 
subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said Supplement No. 8 to Tariff C.R.C. No. E-4304 approved herein, 
is 23 cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50377 

hi the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.12 

Friday, the 29th day of September, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published to Joliette, Quebec, in item 170 A of Supplement 
No. 1 to Tariff C.R.C. No. E-4645, filed by the Canadian Pacific Railway Com- 
pany under section 9 of the Maritime Freight Rates Act, be, and it is hereby, 
approved, subject to the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said item 170A of Supplement No. 1 to Tariff C.R.C. No. E-4645 
approved herein, is 32 cents per 100 pounds; l\ cents per 100 pounds to be 
deducted account of water haul. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50389 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act; and the Order of the Board No. 50317, 
dated September 12, 1933, approving tolls published on bituminous slack 
coal to Marysville, New Brunswick, in Supplement No. 13 to Tariff C.R.C. 
No. 160 filed by the Fredericton & Grand Lake Coal and Railway Com- 
pany. 

File No. 34822.15 

Wednesday, the 4th day of October, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

Upon its appearing that an error has been made in connection with the 
normal rate certified in the said Order No. 503.17, — 

It is ordered: That the said Order No. 50317, dated September 12, 1933, be, 
and it is hereby, amended by striking out the words, " Rates in cents per 100 
pounds," in paragraph 2 of the order, and substituting therefor the words, 
" Rates in cents per net ton." 

C. P. FULLERTON, 

Chief Commissioner. 



259 



ORDER No. 50390 

In the matter of the application of the Canadian National Railway Company, 
hereinafter called the " Applicant Company" under Section 276 of the 
Railway Act, for leave to carry traffic over its H cmaruka-Scapa Branch, 
between the points hereinafter described. 

File No, 15832.56 

Wednesday, the 4th day of October, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

Upon the report and recommendation of the Chief Engineer of the Board, 
and the filing of the necessary affidavit, — 

It is ordered: That the applicant company be, and it is hereby, granted 
leave to carry traffic over its Hemaruka-Scapa Branch, in the province of Alberta, 
between the following points, namely: — 

1. From mileage 154-06 Loverna Westerly Branch of the applicant com- 

pany (Hemaruka,. Alberta) westerly to a junction with the Alliance- 
Youngstown Branch of the Canadian Pacific Railway Company at 
mileage 18-93, a distance of 11-72 miles. 

2. From a junction with the said Alliance-Youngstown Branch, at mileage 

17-74 westerly, to the junction with the Endiang Subdivision of the 
applicant company at mileage 92-31 (Seapa, Allberta), a distance of 
28-79 miles. 

3. South leg of the wye at the junction with the said Alliance-Youngstown 

Branch, at mileage 18-93, being 0-32 of a mile in length. 

4. North leg of the wye at the junction with the said Endiang Subdivision, 

0-27 of a mile in length. 
Provided the rate of speed be limited to fifteen miles an hour. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50391 

In the matter of the Canadian National- Canadian Pacific Act, 1933. 

File No, 38827 

Friday, the 6th day of October, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

Upon the application of the Canadian National Railway Company and 
the Canadian Pacific Railway Company, and its appearing that in order to give 
effect to the provisions of the Canadian National-Canadian Pacific Act, 1933, 
the said companies will find it necessary or expedient to agree upon co-operative 
measures, plans, and arrangements which, among other things, will involve the 
diversion or rerouting of traffic of one company over the lines of the other, — 

It is ordered: 1. That whenever freight traffic, whether originating on the 
lines of the Canadian National Railway Company or the Canadian Pacific Rail- 
way Company or otherwise, is routed over the lines of one of the said companies 
for the whole or part of the carriage, and by arrangement between them made 
pursuant to the provisions of the Canadian National-Canadian Pacific Act, 1933, 
is diverted or rerouted so as to pass, for any portion of the carriage, over the 
lines of the other of such two companies, all the terms and conditions of the 



260 



contract of carriage entered into in respect of such traffic shall be applicable in 
the same manner and to the same extent as though such diversion and rerouting 
had not taken place. 

2. That this order and regulation be published for three weeks in the Canada 
Gazette. 

C. P. FULLERTON, 

Chief Commissioner. 



ACCIDENTS REPORTED TO THE OPERATING DEPARTMENT, 
BOARD OF RAILWAY COMMISSIONERS, FOR MONTH OF 

JULY, 1933 

Railway accidents 168, with 19 persons killed and 164 injured 

Railway accidents at highway crossings 26, with 15 persons killed and 40 injured 

194 34 204 

Killed Injured 

Passengers — 33 

Employees 6 99 

Others 28 72 

34 204 

DETAILS OF ACCIDENTS AT HIGHWAY CROSSINGS 

No. of 

Accidents Nova Scotia 

1 Automobile — Auto driver failed to stop for crossing. Licence of auto not given. 

New Brunswick 

1 Automobile — Ran into side of train. Licence N.B. F-2245. 

Quebec 

2 Automobile— Ran into side of train. Que. licences, 102-490; T-2208. 

4 Automobile— Failed to sto ( p for crossing. Que. licences, H-8894; 110030; D. of C. 
G-3610; Mass. 376091. 

1 Pedestrian — 

Ontario 

2 Automobile — Ran into side of train. Ont. licences JH-492; KW-591. 

4 Automobile — Auto driver failed to see or hear train. Omt. licence HA-282; Illinois 

540725 ; 2 not obtained. 
1 Automobile — Ran under lowered gates, struck by car being kicked into siding. 

Licence, Ont. W-2841. 
1 Auto truck — Endeavoured to beat train over crossing. Licence, Ont. 20894-C. 
1 Auto truck — Truck driver failed to see or hear itrain. Licence. Ont. 547-32-0. 
1 Pedestrian — Boy failed to see or hear train. 

Manitoba 

1 Automobile — Auto driver failed to see train. Licence, Man. 64733. 
1 Auto truck — Truck driver failed to see train. Licence, Man. T-9-055. 
1 Auto truck and trailer — Poor brakes on truck. Auto truck licence, Man. T-7-431 ; 
trailer licence, Man. 888. 

Alberta 

1 Automobile — Auto driver failed to exercise proper care. Licence, Alta. 38-869. 
1 Auto truck — Failed to stop clear of crossing. Licence, Alta. BT-2042. 
1 Auto truck — Truck driver failed to keep proper lookout approaching crossing. 
Licence, Alta. T-10668. 

British Columbia 

1 Automobile — Man jumped from auto and run over by train. Licence, B.C. 57-313. 

' Of the 26 accidents at highway crossings, 22 occurred at unprotected cross- 
ings and 4 at protected crossings. Twenty-four of the accidents occurred during 
the daylight hours, and 2 at night. 
Ottawa, October 3, 1933. 




Wyt poarb of 

J&atltoap Commissioner* for Canaba 



Judgments, Orders, Regulations, and Rulings 



Vol. XXIII Ottawa, October 26, 1933 No. 16 



This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscription, $3.00; single 
numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be made to the King's Printer, 
Ottawa, by postal money order, express order or accepted cheque. The use of currency for this purpose is 
contrary to the advice of the postal authorities and entails a measure of risk. Postage stamps, foreign money 
or uncertified cheques will not be accepted. No extra charge is made for postage on documents forwarded to 
points in Canada and in the United States, but cost of postage is added to the selling price when documents 
are mailed to other countries. Early application should be made for copies in quantities. Subscriptions 
should be sent, in every case, to the King's Printer, Ottawa. 




Dangerous Practices of Motorists, Drivers of Other Vehicles, and Pedestrians at 

Protected Railway Crossings. 

Files 45.8.1; 45.8.3 

In many cases accidents at highway crossings are due to the negligence of 
those driving automobiles and other vehicles and of pedestrians. This negligence 
is found both at unprotected and protected crossings. 

The Canadian National Railway lines from March 1 to September 30, 1933, 
show forty-six cases where there was danger at protected crossings due to the 
negligence of those using the crossings. 

The Canadian Pacific Railway (Western Lines) from January 1 to June 
30, 1933, and (Eastern Lines) from February 1 to July 31, 1933, show a total of 
sixty-four cases. 

Notwithstanding safety devices and cautionary signals, people take chances 
and disregard safety. Motor accidents are becoming more frequent. Every sane 
motorist deplores { this. 

The Board hopes that the press will give as much publicity as possible to 
what is covered in the statement, with the hope that it may educate motor drivers 
and others to be more careful at crossings. 

If accidents are to be lessened, the sane motorists must educate the culpably 
negligent motorists, some of whose actions are recorded in the following lists: — 



CANADIAN NATIONAL RAILWAY LINES 



Date 


Time 


Crossing 


Licence No. 
of Auto 


Dangerous Practices 


Mar. 27 


11.30 a.m. . . 
10.50 K 


Travel Road, Morris- 
burg, Ont. 

Public crossing just 
east of station at 
Devlin, Ont. 

St. Charles Boromee 
St., Joliette, Que. 

Water Street, Winni- 
peg, Man. 

Kingston Road, Co- 
bourg, Ont. 


Ont. KA-52 


Ran through and damaged gates. 

Driver with team of horses and 
sleigh attempted to cross track 
without covering bare ground 
with snow. Sleigh slightly 
damaged. 

Driver did not stop auto before 
attempting to drive over cross- 
ing, resulting in collision. 

Ran by stop disk. 

Driving too fast approaching 
railway crossing. 


" 29 




" 31 


12.05 a.m. . . 
17.25 


Que. X-1531 


April 12 


Man. T-383 


" 13 




Ont. E-755 









261 



262 



CANADIAN NATIONAL RAILWAY LINES — Continued 



Crossing 



Licence No. 
of Auto 



Dangerous Practices 



23.45 K. 



12.58 p.m. 

17.35 

8.40 a.m. . 

S.42 a.m.. 
11.30 a.m. 



20.25 K... 
10.15 a.m. 



12.40 

5.53 p.m. . 

9.10 p.m. . 
11.10 a.m. 

14.27 

12.50 p.m. 
8.32 a.m.. 

12.00 a.m. 

1.35 p.m.. 
9.35 p.m.. 

9.20 a.m.. 

10.50 p.m. 
2.25 p.m.. 

14.13 K... 



Gladys Street, Dau- 
phin, Man. 

Mill Street, Saint John, 
N.B. 

First Street, Colling- 
wood, Ont. 

Water Street, Winni- 
peg, Man. 

Essa Street, Allan- 
dale, Ont. 

Sixth Street, Brandon, 
Man. 

Public crossing MP 30, 
Roberval SD, 1st 
public crossing north 
of St. Felicien Sta- 
tion, Que. 

Provencher Ave., 
Winnipeg, Man. 

Logan Avenue, Toron- 
to, Ont. 



Highway crossing just 
east of east switch, 
Chamberlain, Sask. 

Kipling Avenue, New 
Toronto, Ont. 



Private Crossing at 
Duhamel, Alta. 

Charlotte Street, 
Peterboro, Ont. 

Logan Avenue, Winni- 
peg, Man. 

Fleet Street, Toronto, 
Ont. 

Essa St. Crossing, 
Allandale, Ont. 

Public Crossing MP 
121-3, Unity Subd., 
Edmonton, Alta. 

William Street, Chat- 
ham, Ont. 

Keele St., third cross- 
ing north of King 
Station, King, Ont. 

2nd crossing north of 
Inglewood station, 
Ont. 

Essa Street, Allandale, 
Ont. 

First public crossing 
North of Utterson 
station, Ont. 



Waver ley Street, Win- 
nipeg, Man. 



43-125 

C.J. 630 

Ont. E.O. 689. 
Man. 7395 



Ont. N 3269. 

T-3-824 

74987 



Man. 17413. 
18082-C.... 



Sask.C.V. 108. 
Ont. C-276 



BT-2448. 
L.W. 431. 
T-7431... 
K-1313... 
N-5538... 



38869 . 



W-2841. 
F-8724. 



47641 C. 



CJ-419. 



5 .40 p.m. 



Eriksdale, Man. 



T-3-083. 



C 1-307 . 



Driving into side of switch en- 
gine after being given signal to 
stop. 

Gates down, gong sounding, auto 
truck crashed into gates, break- 
ing same. 

Driver of auto ran into engine. 
Whistles sounded and engine 
bell ringing. 

Ran by stop disk. 

.Ran through lowered gates 
breaking same. Driver claim- 
ed he could not stop in time. 

Ignored stop signal when engine 
almost at the crossing. 

Motor work car struck by auto 
on public crossing. Auto was 
not stopped nor speed reduced 
before going over crossing. 

Auto ran into side of engine 
against automatic warning sig- 
nals, damaging auto. 

Ignored warning signals and ran 
into gates to see how far he 
could spring them without 
breaking them. 

Auto driver crossed track in 
front of engine. Pilot beam 
just missed rear end of truck. 

Disregarded "stop disk" and 
entered crossing immediately 
in face of approaching train. 
Train just missed car by a 
small margin. 

Careless driving on the part of 
the driver of the car. 

Careless driving. 

Disregarded warning given by 
engine bell and whistle. 

Ignored stop signal and ran 
around traffic already stopped. 

Car ran under gates when same 
were being lowered. No dam- 
age. 

Drove car on track in front of 
engine. 

Driving south crashed lowered 

gates. 

Auto stalled at side of crossing 
foul of track and struck by 
engine. 

Drove onto crossing in front of 
train and struck by oil-electric 
car. Crossing whistle sounded 
and bell ringing. 

Ran into gates while engine with 
cars passing over crossing. No 
damage done. 

Driver heard and saw train com- 
ing but brakes on auto not 
working and unable to stop 
before running into side of 
train. 

Did not look for train; disre- 
garded warning of engine bell 
and whistle. Crossing pro- 
tected by standard crossing 

signs. 

Attempted to cross railway 
ahead of passenger train. 



263 



CANADIAN NATIONAL RAILWAY LI NES — Concluded 



Time 



Licence No. 
of Auto 



Dangerous Practices 



6.25 p.m. 
1.52 p.m. 



1.05 p.m. 
11.30 K. . 

315 p.m. 

7.53 a.m. 
7.03 K. . 



4.18 p.m. 

9.57 a.m. 

21.45 K. . 

18 K 

3.45 p.m. 
3.25 p.m. 

20 K 

12.50 p.m. 

4.45 p.m. 

[1.30 P.M 



Main St. Crossing, 
Glencoe, Ont. 

Josephine Street, 
Wingham, Ont. 



Ontario Street, Port 
Hope, Ont. 

Fifth Street West, Red 
Deer, Alta. 



Moreau Street, Mont- 
real, Que. 



Main Street, Glencoe, 
Ont. 

Lickman Road, Mile 
74-6, Yale Subd, 
B.C. 



Ville St. Pierre, Que. 



Scugog Street, Bow- 
manville, Ont. 



East ( rossing, Flax- 
combe, Sask. 

Highway Crossing 

just east of St. Elmo 

Station, B.C. 
Kingston Road, Co 

bourg, Ont. 
Public Crossing MP 2' 2 

Camrose Subd., 

Alta. 

No. 5 Highway, Rob- 
lin Station, Man. 

Public Crossing MP 

54-8 Wabamun 

Subd., Alta. 
Public Crossing MP 

112-1 Unity Subd., 

Alta. 

Lindsay St., Drum- 
mondville, Que. 



DS-408. 
DH-205. 

23267-C. 
51-777... 



F-2565. 

DS-253 
61-374. 



H-170G6. 



1-759. 



62761 . . 
60-777. 



43764.... 
AT-9392. 

T. 6-632. 

51935.... 



41143 
96894 



Not looking to see whether gates 
were up or down. 

Failed to stop for "stop signal" 
displayed. Had to make short 
turn left to avoid collision. 
Auto passed between watch- 
man's shanty and main line. 

Was parked too close to track. 
Train had to stop till truck 
got by. 

Attempted to cross over track 
without ascertaining if same 
was clear, resulting in auto 
running into train, breaking off 
step of train. 

Driver of auto started across 
before gateman had time to 
raise the gate properly. One 
gate damaged. 

Had car in gear while waiting for 
train to pass . 

Attempted to cross track in 
front of moving train. Driver 
knew train was coming as he 
mentioned same to his com- 
panion, who had got out of the 
auto to open and close gate 
leading from farm onto high- 
way. 

Disregarded signal given by 
. crossing bell and wigwag,, pas- 
sing over tracks directly in 
front of approaching engine. 

Motorcycle stopped for south 
gate which was down for No. 
20. then pushed under gate and 
crossed track ahead of train. 

Ran into side of train, striking 
14th car from caboose; auto 
dragged seven poles. 

Crossed over track dangerously 
close to engine; whistle sound- 
ed; bell ringing for crossing. 

Ran into east gate damaging 
same. 

Truck driver did not observe 
approaching train. 

Auto not under control approach- 
ing crossing. Ran into side of 
train. 

Driver of car states brakes 
failed to hold on his car. 

Auto stalled on crossing. No one 
injured. 

Driver of auto unable to stop in 
time. 



264 

CANADIAN PACIFIC RAILWAY (Western Lines) 



Date and District 



Saskatchewan 
District — 



Jan. 


U, 


1933.. 


14 K 


Feb. 


11, 


1933. . 


16.45 K 


Feb. 


23, 


1933. . 


13.35 K 


Mar. 


24, 


1933. . 


17.55 K 


Mar. 


27, 


1933. . 


19.45 K 


May 


7, 


1933.. 


18-55 K 


May 
May 
June 
June 


18, 
22, 
5, 
22, 


1933.. 
1933. . 
1933. . 
1933. . 


15.25 K 
13.47 K 
17.22 K 

19.26 K 



Alberta 
Jan. 
Jan. 


District 
9, 1933.. 
17, 1933.. 


22.30 K 
13.20 K 


Feb. 


4, 


1933. . 


20.00 K 


Feb. 


5, 


1933.. 


17.45 K 


Mar. 


3, 


1933.. 


9.00 K 


Mar. 


17, 


1933.. 


22-40 K 


June 


22, 


1933.. 


16.00 K 



esquimalt and 
Nanaimo Rail- 
way — 
Mar. 4, 1933.. 



Time 



Evening. 



Crossing 



Broadway, Yorkton 



Broadway, 
Broadway, 
Broadway, 
Broadway, 



Yorkton . 
Yorkton. 
Yorkton . 
Yorkton . 



Broadway, Yorkton. 



Broadway, 
Broadway, 
Broadway, 
Broadway, 



Yorkton. 
Yorkton. 
Yorkton. 
Yorkton. 



2nd St. Medicine Hat. 
4th St. W., Calgary... 

4th St. W., Calgary... 

2nd St. Medicine Hat. 

Allowance Ave., Med- 
icine Hat. 
2nd St. Medicine Hat. 

4th Street West, Cal- 
gary. 



E. & N. Russell St... 



Licence No. 
of Auto 



2-200 1932. 



23-757 1932. 
2-358 1933. 

2- 186 1932. . 

3- 343 1933.. 



39-556. 



20363 . . 
24-199. 



36-160. 



18-215. 
20-703. 



474 

18-118. . 
D 8-930. 
18-660. . 



10-904 B.C. 



Remarks 



Crossed over track when stop 

signal up, just ahead of Eng. 

928, which was backing on to 

train in passing track. 
Crossed over track when stop 

signal up while Eng. 794 back- 
ing over crossing. 
Crossed over track when stop 

signal up, about 25 ft. ahead of 

Eng. 928. 
Crossed over track when stop 

signal up when engine almost 

at crossing. 
Crossed over track when stop 

signal up when No. 52 almost 

at crossing. 
Crossed over track when stop 

signal up just ahead of engine. 



Came up to crossing at high speed 
and when saw stop signal put 
on brakes but could not stop 
before on tracks, was able to 
back up before No. 51 which 
was going slow reached cross- 
ing. 

Car ran into gates breaking same. 
Ran into crossing gates breaking 
same. 

Ran into southeast gate, break- 
ing it. 

Car ran into south gate, breaking 
same. 

Car ran into crossing gate, break- 
ing same. 

Car ran into north gate, breaking 
ing same. 

Ran into crossing gates breaking 
north gate. 



East gate was run into and broken 
by automobile. Also stanchion 
damaged. 



265 

CANADIAN PACIFIC RAILWAY (Western Lines)— Continued 



Division 



Date 



Location 



Particulars 



Kenora. 



Feb. 18. 



Portage . 



Jan. 



Jan. 16. 



Jan. 23. 



June 22. 



Brandon. 



June 5. 



Saskatoon Division, 



May 10. 



Alberta District — 
Lethbridge 

Calgary 

Edmonton 

Vancouver 

Kootenay 



Kettle Valley. 



Mar. 8. 

' 26. 
Feb. 17. 
Feb. 7. 

Jan. 6. 
Jan. 20. 

Jan. 14. 



June 6. 



Mountain Avenue, Crossing 
Westfort, Ont., Mileage 
2-73 Kam. Subdivision. 



Mileage 78-2, Carberry Sub 
division. 



Mileage 14-6, Winnipeg 
Beach Subdivision. 



Notre Dame Avenue, Mile 
age 0-9, Glenboro Subdivi- 
sion. 



Riverton yard, mileage 81-86 
Winnipeg Beach Subdivi 
sion. 



Mileage 117, Broadview Sub 
division. 



M. 112-6 Sutherland Sub. & 
3rd Ave., Saskatoon. 



Train No. 52. 



Mi. 25-6Macleod Subd 

Mi. 86-6 Crowsnest Subd... . 
Anthracite Laggan Subd 
105th St., South Edmonton. 

Vancouver (Victoria Drive) 
Vancouver (Smythe St.). . . . 



Grand Forks— mile 95-3 
Boundary Subdivision 
(Fourth St. Crossing). 



Mile 8-8 Carmi Subdivision 



H. A. Adams, Signal Maintainer, travel- 
ling on motor car, Westbound track, 
struck Chevrolet motor truck, Ontario 
licence 63-479-C, driven by T. Dika, 
which had stalled on crossing. Slight 
damage to fender of truck and front 
upright of frame on motor car slightly 
bent. 

Train No. 54, engine 2523, struck sleigh, 
owned by G. A. Tait, Macgregor, 
which had stalled on crossing. Team 
had stalled on crossing. Team had 
been unhitched from sleigh. Damage 
to sleigh, $15. 

Train Extra South, engine 3034, struck 
sleigh, which was loaded with wood 
and owned by W. Paul. Sleigh stalled 
on crossing. Team unhitched before 
struck. Sleigh considerably damaged. 
Damage to engine 3034, $25. 

Nash coupe Manitoba licence 12040, dri- 
ven by J. S. Carter, endeavoured to 
cross ahead of train No. 119, engine 3032 
and was struck. Damage to auto; left 
side door broken, glass, fenders and 
running board. Rear tire torn off. 

Star coupe, Manitoba licence 18858, driven 
by T. Dodds, which was standing on 
west side of crossing, moved on to 
crossing in front of engine 2531, which 
was switching in Riverton Yard. Run- 
ing board, fenders and one wheel on 
driver's side of auto was damaged. 

Ford auto, Sask. licence 28-158, driven 
by A. J. McCormack, ran into caboose 
on train, Ex. West 5127, when passing 
over crossing. Damage to caboose 
No. 436972, $10. Front of auto 
damaged. 

Engineer saw truck approaching crossing, 
and when it was seen driver was not 
stopping, emergency application of 
brake was made. Auto struck by 
train, resulting in damage to auto. 
Driver of auto gave explanation for not 
stopping that he thought our train was 
a C.N.R. train on their own track and 
did not discover his error till too late 
to stop. 

Train 538 struck truck bearing Alberta 
licence 2/530. 

Pontiac Sedan Alberta Licence No. 559 
ran into side of train Extra West 3748. 

Train No. 2 struck Cord Sedan Alberta 
licence 8-832. 

Runaway team owned by City Dairy 
attempted to cross track ahead of 
Train No. 51. 

Work Extra 6810 struck auto truck 
B.C. 105-416. 

Auto truck B.C. 72-334 attempted to 
cross tracks ahead of yard engine 6262 
and was struck. 

Auto truck owned by O. C. Dunn, B.C. 
30712, passed over track immediately 
in front of train No. 11 which was 
backing up over crossing at a speed of 
about six miles per hour with bell 
ringing. Truck slightly grazed. 

Train No. 78 struck truck B.C. 28-813 
driven by J. Fernstrom, Kettle Valley, 
B.C., due to failure of truck driver to 
hear signals or see train. Damage to 
truck $10. 



266 



CANADIAN PACIFIC RAILWAY (Eastern Lines) 



Date 



Time 



Crossing 



Licence No. 
of Auto 



Dangerous Practice 



New Brunswick 

District 
Feb. 16 



10.13 a.m. 

7.45 p.m. . 

3.05 p.m.. 

3.50 p.m.. 
5.45 p.m. . 
5.05 p.m. . 

2.25 p.m.. 

3.45 p.m.. 

3.20 p.m.. 

8.20 p.m. . 

8.20 p.m.. 

4.55 p.m. . 
6.25 p.m.. 

2.45 p.m.. 

11.10 a.m. 



Douglas Avenue, 
Saint John. 



Quebec District 
Feb. 13 



Ontario District 
Feb. 7 



5.05 p.m , 
7.45 p.m. 



Gouin Blvd., Bord- 
eaux. 

Bridge St., Quebec. . 
Dorval Ave., Dorval 



Lake Shore Rd., 
Vaudreuil. 

St. Valier Street, Que- 
bec. 



Dorchester Street, 
Quebec. 



Westminster Avenue 
Montreal West. 



Centre St., Chatham 

Waterloo St., London 
Raglan St., Renfrew. 



J-6721 NB. 

J-2528 NB . 

CJ-153 NB 
J-3116 NB. 
J-4028 NB . 

CJ-805 NB 

J-3992 NB . 
CJ-709 NB 
Unknown. . 

J-3840 NB. 

J-3546 NB . 
J-2376 NB . 



Que. F-16594 
Que. T-4142. 

Que. F-2582. 

Que. 51797.. 



Ont. C-58106. 



Ont. T-8885. . 
Ont. KO-222. 



Car passed under gates as they 
were being lowered, bell ring- 
ing. 

A lady pushed up gates as train 

had passed. 
Car dashed over crossing at very 

high rate of speed. 
Truck turned on crossing. 
Auto turned on crossing. 
Auto dashed under gates while 

being lowered. 
Truck passued under gates as 

they were being lowered. Bell 

ringing. 

Auto ran under gates while being 

lowered. 
Truck dashed under gates while 

being lowered. 
Auto ran under gates while being 

lowered. 
Crowd of boys held gates down 

after train passed. 
Auto turned on crossing. 
Young man pushed up gates after 

engine had passed. 
Auto dashed under gates while 

being lowered. 
Auto dashed under gates while 

being lowered. 



Truck hauling ice slid into gates 
breaking southeast gate. 

Gates had been lowered when 
auto struck and broke south 
side gate. 

Truck ran into and broke North 
gate and stand on C.N. cross- 
ing. 

Auto struck South gate arm 
breaking same, also casting on 
barrier arm . 

All gates had been lowered for 
incoming C.N.R. No. 46 when 
closed auto, coming from south 
and travelling at vey high rate 
of speed, broke both tail ends 
of northwest and northeast 
gates. Unable to secure num- 
ber as auto did not stop. 

Quebec City Fire Department 
ladder truck, from No. 3 sta- 
tion, proceeding to fire in 
Limoilou, struck and damaged 
south gate. Accident happened 
during heavy rain storm. 

While gates were being lowered 
to permit track motor car to 
pass over crossing, horse drawn 
vehicle, owned by Dent Har- 
rison's Bakery, ran into and 
broke gate. 

Truck failed to hear crossing bell 
or see gates being lowered and 
ran into gate arm breaking it. 

Auto skidded on icy pavement 
into gate arm breaking it. 

Auto ran into gates when same 
were being lowered. Bell ring- 
ing at time. 



267 



CANADIAN PACIFIC RAILWAY (Eastern Lines)— Concluded 



Date 



Time 



Crossing 



Licence No. 
of Auto 



Dangerous Practices 



Ontario District 

Concluded 
Mar. 16 

Mar. 24 

Mar. 25 

April 12 

April 24 

Algoma District 
June 26 



8.00 p.m... 

9.25 a.m... 
3.15 p.m... 
3.28 p.m... 
1.58 p.m... 

5.25 p.m. . . 



Eramosa Rd., Guelph 

Tecumseh Rd., Wind- 
sor. 

Richmond St., London 
Adelaide St., London. 



Prince Edward St., 
Brighton. 



Elm Street Crossing, 
Sudbury. 



Ont. H.P.-264... 

Ont. 57725-C.... 

Ont. U-7210 

Ont. V-4559 ... . 
Ont. 25857 

AY-642 Ontario. 



Gate arms had been lowered and 
crossing bell ringing but auto 
broke through north gate arm 
and ran into side of train. 

Yard engine struck truck — wig- 
wag signals and crossing bell 
working. 

Auto skidded on pavement and 
knocked down advance rail- 
way crossing sign post. 

Auto passed watchman's stop 
sign while yard engine backing 
coaches over crossing. 

Auto drove over crossing in front 
of train while wigwag working. 



Gates had been lowered when 
auto truck struck and broke 
northeast gate. 



#1 /f v 

®he podrii of 

&atltoap Commissioner* far Canaba 



Judgments, Orders, Regulations, and Rulings 



Vol. XXIII Ottawa, November 1, 1933 No. 17 



This publication is issued fortnightly, on the 1st and loth of each month. Annual subscription, $3.00; single 
numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be made to the King's Printer, 
Ottawa, by postal money order, express order or accepted cheque. The use of currency for this purpose is 
contrary to the advice of the postal authorities and entails a measure of risk. Postage stamps, foreign money 
or uncertified cheques will not be accepted. No extra charge is made for postage on documents forwarded to 
points in Canada and in the United States, but cost of postage is added to the selling price when documents 
are mailed to other countries. Early application should be made for copies in quantities. Subscriptions 
should be sent, in every case, to the King's Printer, Ottawa, 



ORDER No. 50397 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act; and the Order of the Board No. 
dated October, 6, 1931, approving tolls published in Tariff C.R.C. No. 864 
filed by the Dominion Atlantic Railway Company. 

File No. 34822.13 

Wednesday, the 4th day of October, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

Upon its appearing that certain normal tolls certified in the said Order No. 
47490 are not in accordance with the agreed basis for the purpose of reimburse- 
ment, — ■ 

It is ordered: That the said Order No. 47490, dated October 6, 1931, be, and 
it is hereby, amended as follows: — 

(1) By striking out the figures " 21 " under item No. 10, from Port Williams, 
Nova Scotia, to Truro, Nova Scotia, on page 2, and substituting therefor the 
figures " 20i ". 

(2) By striking out the figures " 25 " under item 55, from Halifax, Nova 
Scotia, to Yarmouth, Nova Scotia, on page 3, and substituting therefor the 
figures " 24 ". 

C. P. FULLERTON, 
Chief Commissioner. 

ORDER No. 50404 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.12 

Thursday, the 5th day of October, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board orders: 

1. That the tolls published to Sarnia, Thorold, and Welland, Ontario, in 
item 1222A, and to Chatham, Ontario, in item 1370C, of Supplement No. 26 to 

269 



270 



Tariff C.R.C. No. E-4632, filed by the Canadian Pacific Railway Company 
under section 9 of the Maritime Freight Rate? Act, be, and they are hereby, 
approved, subject to the provisions of subsection 3 of section 3 of the said Act/ 

2. And the Board, hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said items 1370C and 1222A of Supplement No. 26 to Tariff C.R.C. 
Xo. E-4632. approved herein, are as follows, namely: — 

Item 1222 A Rates in cents 

To per 100 pounds 

Sarnia, Ont 41| 

Thorold, Ont 34^ 

Welland, Ont 34£ 

Item 1370C 
To 

Chatham, Ont 42 

C. P. FULLER TON, 
Chief Commissioner. 

ORDER No. 50405 

In the matter of tariff's, and supplements to tariffs, filed under the provisions of 
the Maritime Freiaht Rates Art. 

File No. 34822.13 

Thursday, the 5th day of October, A.D. 1933. 

Hon. C. P. Fullektox, KC., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board orders: 

1. That the tolls published from South Majtland, Nova Scotia, in items 70C 
and 100©, also the tolls published in item 157, of Supplement No. 65 to Tariff 
C.R.C. No. 817, filed by the Dominion Atlantic Railway Company under section 9 
of the Maritime Freight Rates Act, be, and they are hereby, approved, subject 
to the provisions of subsection 3 of section 3 of the said Act. v 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said items 70C ; 100B, and 157 of Supplement No. 65 to Tariff C.R.C. 
No. 817, approved herein, are as follows, namely: — 

Rates in cents 
per 100 pounds 

Item 70C 

Item 100B 5 

Item 157 4£ 

C. P. FULLERTON, 

( ' h ief Commissioner. 



ORDER No. 50406 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Aet. 

File No. 34822.13 

Thursday, the 5th day of October, A.D. 1933. 

Hon. C. P. Fulleeton, KC, Chief Com?nissioner. 
•S. J. McLean, Asst. Chief Commissioner. 

The Board orders: 

1. That the tolls published to Bear River. Nova Scotia, and Digby, Nova 
Scotia, in item 111A of Supplement No. GO to Tariff C.R.C. No. 856, filed by the 



271 



Dominion Atlantic Railway Company under section 9 of the Maritime Freight 
Rates Act, toe, and they are hereby, approved, subject to the provisions of sub- 
section 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said item 111A of Supplement No. 60 to Tariff C.R.C. No. 856, 
approved herein, are as follows, namely: — 

Rates in cents per 100 pounds 
To Anthracite Bituminous 

Bear River, N.S 9 7| 

Digby, N.S 9 8ft 

C. P. FULLERTON, 

■ Chief Commissioner. 



ORDER No. 50407 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freipht Rates Act. 

File No. 34822.13 

Thursday, the 5th day of October, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean. Asst. Chief Commissioner. 

The Board orders: 

1. That the tolls published from Kingston, Nova Scotia, in item 76A of 
Supplement No. 61 to Tariff C.R.C. No. 856. filed by the Dominion Atlantic 
Railway Company under section 9 of the Maritime Freight Rates Act, be, and 
they are hereby, approved, subject to the provisions of subsection 3 of section 3 
of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said item 76A of Supplement No. 61 to Tariff C.R.C. No. 856, approved 
herein, are as follows, namely: — 

Rates in cents per 100 pounds 
From Less than carloads Carloads 

Kingston, N.S 37i 25 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50408 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. -p-j e xj, 34322 13 

Thursday, the 5th day of October, A.D. 1933. 

Hon. C. P. Fullerton, KG., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board orders: 

1. That the tolls published in item 64 of Supplement No. 62 to Tariff C.R.C. 
No. 856, filed 'by the Dominion Atlantic Railway Company under 'section 9 of 
the Maritime Freight Rates Act, be, and they are hereby, approved, subject to 
the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said item 64 of supplement No. 62 to Tariff C.R.C. No. 856, approved 
herein, is 12-V cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



272 



ORDER No. 50409 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rales Act. 

File No. 34822.13 

Thursday, the 5th day of October, A.D. 1933. 

Hon. C. P. Fullertox, KC, Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board orders: 

1. That the tolls published in Tariff C.R.C. No. 894, filed by the Dominion 
Atlantic Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and they are hereby, approved, subject to the provisions of subsection 3 of 
section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said Tariff C.R C. No. 894, approved herein, are as follows, namely: — 

Rates in cents 



From per barrel 

Weston, N.S .. .. 1 

Kingsport, N.S \ 37^ 

Berwick, NJ3 J 

Kentville, NJ8. . .. 32i 

Port Williams, N.S 3H 

Horton Landing, N.S 29 

Hantsport, N.S 27^ 

Hartville, N.S 25 



C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50410 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.13 

Thursday, the 5th day of October, A.D. 1933. 

Hon. C. P. Fullertox, KC. Chief ("ommissioner. 
S. J. -McLean, Asst. Chief Commissioner. 

The Board orders: 

1. That the toll published in Tariff C.R.C. No. 895, filed by the Dominion 
Atlantic Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and it is hereby, approved, subject to the provisions of subsection 3 of sec- 
tion 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said Tariff C.R.C, No. 895, approved herein, is 99 cents per 100 pounds; 
tj cents per 100 pounds to be deducted account of water movement. 

C. P. FULLERTON, 

Chief Commissioner. 



273 



ORDER No. 50411 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.14 

Thursday, the 5th day of October, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board orders: 

it, That the tolls published in Tariffs C.R.C. No. 706 and No. 707, filed by 
the Temiscouata Railway Company under section 9 of the Maritime Freight 
Rates Act, be, and they are hereby, approved, subject to the provisions of sub- 
section 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the -said Tariffs C.R.C. No. 706 and No. 707, approved herein, are as 
follows: — 

Rates in cents 

Distances per 100 pounds 

5 miles 24 

25 miles 4 

40 miles 4^ 

50 miles 5 

85 miles 5^ 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50412 

In the matter of the application of the Detroit and Windsor Subway Company 
and the Detroit and Canada Tunnel Company, hereinafter called the 
" Applicant Companies," for approval of Tariff C.R.C. No. 17, covering 
tolls to be charged in respect of the Detroit Tunnel, on file with the Board 
under file No. 35943.5. 

Friday, the 6th day of October, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

Upon the report and recommendation of the Assistant Chief Traffic Officer of 
the Board, — 

It is ordered: That the applicant companies' said Tariff C.R.C. No. 17, 
covering tolls to be charged in respect of the Detroit Tunnel, on file with the 
Board under file No. 35943.5, be, and it is hereby, approved. 

C. P. FULLERTON, 

Chief Commissioner. 



274 



ORDER No. 50419 

In (he matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.2 

Thursday, the 12th day of October, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: That the tolls published in the following tariffs, filed by 
the Canadian National Railways under section 3 of the Maritime Freight Rates 
Act, be, and they are hereby, approved, subject to the provisions of subsection 3 
of the said section 3, namely: — 

Supplement No. 61 to Tariff C.R.C. No. E-1240 
Supplement No. 5 to Tariff C.R.C. No. E-1308. 
Supplement No. 22 to Tariff C.R.C. No. E-1804. 
Supplement No. 6 to Tariff C.R.C. No. E-1911. 
Tariff C.R.C. No. E-2060. 
Tariff C.R.C. No. E-2061. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50437 

In the matter of the application of the Canadian Pacific Railway Company, 
hereinafter called the "Applicant Company" for permission to cancel on 
less than statutory notice the rates to Teeswater, Ontario, including col- 
lection and delivery service, now published in Tariff C.R.C. No. E-4662. 

File No. 27612.82 

Monday, the 23rd day of October, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

Upon its appearing that the applicant company is unable to arrange col- 
lection and delivery service at Teeswater, Ontario, in connection with rates now 
published in the said Tariff C.R.C. No. E-4662; and upon the report and recom- 
mendation of the Assistant Chief Traffic Officer of the Board, — 

It is ordered: That the applicant company be, and it is hereby, permitted 
to cancel, upon three days' notice, the rates, including collection and delivery 
service, at Teeswater, Ontario. 

C. P. FULLERTON, 

Chief Commissioner. 



275 



GENERAL ORDER No. 518 

In the matter of the General Order of the Board No. 512, dated April 4, 1933, 
made upon the application of Shipping Containers, Limited, of Montreal, 
Quebec, granting leave to use, far shipping over railways in Canada, 
certain shipping containers prescribed in Interstate Commerce Commission 
regulations for the transportation of explosives and other dangerous articles 
by freight, as published in Agent B. W. Dunn's Tariff C.R.C. No. 2, on file 
with the Board under file No. 1717.35. 

Tuesday, the 10th day of October, A.D. 1933. 

Hon. CP. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 
Hon. T. C. Norms, Commissioner. 
J. A. Stoneman, Commissioner. 

Upon reading the application of the Hinde & Dauch Paper Co. of Canada, 
Limited, for an order amending the said General Order No. 512 so as to provide 
for the use of strawboard as corrugated material in the boxes described in the 
order, the Railway Association of Canada and the Bureau of Explosives consent- 
ing; and upon the report and recommendation of the Chief Traffic Officer of the 
Board, — 

It is ordered: That the said General Order No. 512, dated April 4, 1933, be, 
and it is hereby, amended by striking out clause (b) of paragraph 2 thereof and 
substituting the following, namely: — 

" {b) Board must be: 350-pound test board, double-faced B-flute 
type with at least 50 corrugations per foot; facings at least 0-020 of an 
inch thick; corrugated sheet made of strawboard or sulphate fibreboard at 
least 0-009 of an inch in thickness." 

C. P. FULLERTON, 

C hief C ommissioner. 



GENERAL ORDER No. 519 

In the matter of the General Order of the Board No. 468, dated March 12, 1929, 
prescribing specifications for highway crossing signals. 

File No. 15382 

Tuesday, the 10th day of October, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

Upon the consideration of proposed standard method of painting highway 
crossing signals of the wigwag type, and reading the submissions filed on behalf 
of the Canadian Pacific, Canadian National, Toronto, Hamilton and Buffalo, 
Great Northern, and Pere Marquette Railway Companies, and the Michigan 
Central and the New York Central Railroad Companies; and upon the report 
and recommendation of the Division Engineer of the Board, concurred in by its 
Chief Engineer,— 



276 



It is ordered: That the said General Order No. 468, dated March 12, 1929, 
be, and it is hereby, amended by adding at the end of paragraph 1 thereof the 
following, namely: — 

" Masts and foundations supporting bells and wigwags, automatic 
electric bells, danger signs, and flashing lights shall be painted with black 
and white stripes, as indicated on blue print dated 10th June, 1933.' ' 

C. P. FULLERTON, 

Chief Commissioner. 



GENERAL ORDER No. 520 

In the matter of the General Train and Interlocking Rules approved by General 
Order No. 42, dated July 12, 1909; and General Order No. 266, dated 
November 20, 1918, rescinding paragraphs 1 and 2 of Rule 102 of the said 
General Train and Interlocking Rides and substituting new paragraphs 
therefor. 

Files Nos. 25434 and 4135.36 

Tuesday, the 10th day of October, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 
G. A. Stone, Commissioner. 

Upon the application of the Railway Association of Canada for an order 
modifying the said General Order No. 256; and upon the report and recom- 
mendation of the Chief Operating Officer of the Board, — 

It is ordered: That paragraph 1 of rule 102 of the said General Train and 
Interlocking Rules, as amended by General Order No 256, dated November 20, 
1918; and paragraph 1 of rule 103 of the Operating Rules of the Canadian 
National Railways, approved by Order No. 42252, dated February 27, 1929, be 
struck out and the following substituted therefor, namely: — 

" When cars are pushed by an engine (except when shifting and mak- 
ing up trains in yards, where there are no public highway crossings at rail 
level, or where there are public highway crossings at rail level adequately 
protected by gates or otherwise) , a flagman must take a conspicuous posi- 
tion on the leading car." 

C. P. FULLERTON, 

Chief Commissioner. 



2T? If D£C 4 

&he Wodvti of 

Jlatltoap Commissioner* for Canaba 



Judgments, O/ders, Regulations, and Rulings 



Vol. XXIII Ottawa, November 15, 1933 No. 18 



This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscription, $3.00; single 
numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be made to the King's Printer, 
Ottawa, by postal money order, express order or accepted cheque. The use of currency for this purpose is 
contrary to the advice of the postal authorities and entails a measure of risk. Postage stamps, foreign money 
or uncertified cheques will not be accepted. No extra charge is' made for postage on documents forwarded to 
points in Canada and in the United States, but cost of postage is added to the selling price when documents 
are mailed to other countries. Early application should be made for copies in quantities. Subscriptions 
should be sent, in every case, to the King's Printer, Ottawa 



ORDER No. 50482 

In the matter of the application of the Canadian National Railways, herein- 
after called the " Applicants," for permission to cancel, on less than 
statutory notice, a rate of 9 cents per 100 pounds published in item 508 
of Supplement No. 39 to Tariff C.R.C. No. E-1979. 

File No. 27612.83. 

Wednesday, the 1st day of November, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

Upon its appearing that the said rate was published to meet truck com- 
petition, and that, owing to reduction in the truck rate, the applicant company 
was unable to secure the business — 

It is Ordered: That the applicants be, and they are hereby, permitted to 
cancel, upon three days' notice, the rate of 9 cents per 100 pounds now pub- 
lished on granite, marble, and stone from Sherbrooke to Granby, Quebec, in 
item 508 of Supplement No. 39 to Tariff C.R.C. No. E-1979. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50487 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.2 

Thursday, the 2nd day of November, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: That the tolls published in the following tariffs filed by 
the Canadian National Railways under section 3 of the Maritime Freight Rates 

70079 2 77 



278 



Act be, and they are hereby, approved, subject to the provisions of subsection 3 
oi section 3, namely: — 

Supplement No. 39 to Tariff C.R.C. No. E-1234. 
Supplement No. 73 to Tariff C.R.C. No. E-1235. 
Supplement No. 62 to Tariff C.R.C. No. E-1240. 
Supplement No. 63 to Tariff C.R.C. No. E-1240. 
Supplement No. 6 to Tariff C.R.C. No. E-1245. 
Supplement No. 7 to Tariff C.R.C. No. E-1245. 
Supplement No. 11 to Tariff C.R.C. No. E-1737. 
Supplement No. 23 to Tariff C.R.C. No. E-1804. 
Supplement No. 24 to Tariff C.R.C. No. E-1804. 
Supplement No. 12 to Tariff C.R.C. No. E-1829. 
Supplement No. 7 to Tariff C.R.C, No. E-191L 
Supplement No. 4 to Tariff C.R.C. No. E-1974. 
Tariff C. R. C. No. E-2066. 

C. P. FULLERTON, 

C hief C om missioner. 



GENERAL ORDER No. 521 

In the matter of the General Order of the Board No. 468, dated 12th March, 
1929, prescribing specifications for highway crossing signals. 

File No. 15382 

Thtjrsdav. the 2nd day of November, A.D. 1933. 

Hon. C. P. Fullertox , K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

Upon the consideration of proposed standard method of painting highway 
crossing signals of the wigwag type, and reading the submissions filed on behalf 
of the Canadian Pacific, Canadian National, Toronto, Hamilton & Buffalo. 
Great Northern and Pere Marquette Railway Companies and the Michigan 
Central and the New York Central Railroad Companies; and upon the report 
and recommendation of the Division Engineer of the Board, concurred in by 
its Chief Engineer — 

It is Ordered: 

1. That the said General Order No. 468, dated 12th March, 1929, be, and 
it is hereby, amended by adding at the end of paragraph 1 thereof the following, 
namely: 

" Masts and foundations supporting bells and wigwags, automatic 
electric bells and clanger signs, and flashing lights shall be painted with 
black and white stripes, as indicated on blue print dated 10th June, 1933." 

2. That General Order No. 519, dated October 10, 1933, made herein, be 

rescinded. 

C. P. FULLERTON, 

C h ief C om m issio ne r, 
Board of Railway Commissioners for Canada. 



279 



ACCIDENTS REPORTED TO THE OPERATING DEPARTMENT, 
BOARD OF RAILWAY COMMISSIONERS, FOR MONTH 
OF AUGUST, 1933 

Railway accidents 172, with 20 killed and 171 .injured 

Railway accidents at highway crossings 23, with 13 'killed and 34 injured 

195 33 205 

Killed Injured 

Passengers 36 

Employees 2 105 

Others 31 64 

33 205 

DETAILS OF ACCIDENTS AT HIGHWAY CROSSINGS 
Prince Edward Island 

No. of 
Accidents 

1 Automobile — Auto driver failed to observe train, due to cars standing close to 
crossing in siding. Ontario licence K-228. 

New Brunswick 
1 Automobile — Ran into side of train. Licence N.B. J-5702. 

1 Automobile — Auto driver failed to take necessary precautions. Licence X.S. 60-752. 

Quebec 

2 Automobiles — Auto driver failed to stop for crossing. Licences, Que. H-8534; 15979. 
1 Automobile — Auto driver tried to beat tram. Licence Que. 111607. 

Ontario 

5 Automobiles— Ran into side of train. Ont. licences, HD-57; S-8574; MK-162; 
EL-833; Que. licence 99837. 

3 Automobiles — Auto driver failed to see or hear train. Ont. licences, Y-950; H-7381; 

HS-760. 

1 Automobile— Auto driver failed to observe train. Ont. licence ME-878. 

1 Automobile — Auto driver drove past crossing watchman. Ont. licence C-7146. 

1 Automobile — Auto driver attempted to beat train. Ont. licence K-4707. 

1 Auto truck — Truck driver attempted to beat train. Ont. licence 49814-C. 

1 Horse-drawn vehicle — Wagon driver attempted to beat train. 

Manitoba 

1 Auto truck — Truck driver failed to look for train. Licence Man. T-3-083. 

1 Hor.se — Boy unable to manage horse. 

1 Pedestrian — Failed to observe approaching train. 

Saskatchewan 

1 Pedestrian — 

Of the 23 accidents at highway crossings, 19 occurred at unprotected cross- 
ings and 4 at protected crossings. Nineteen of the accidents occurred during 
daylight hours and 4 at night. 



Ottawa, October 23, 1933. 



^0 



tEfje Sioarti of 

J&atltoap Commts&tcmer* for Canaba 



Judgments, Orders, Regulations, and Rulings 

Vol. XXIII Ottawa, December 1, 1933 No. 19 

This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscription, $3.00; single 
numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be made to the King's Printer, 
Ottawa, by postal money order, express order or accepted cheque. The use of currency for this purpose is 
contrary to the advice of the postal authorities and entails a measure of risk. Postage stamps, foreign money 
or uncertified cheques will not be accepted. No extra charge is made for postage on documents forwarded to 
points in Canada and in the United States, but cost of postage is added to the selling price when documents 
are mailed to other countries. Early application should be made for copies in quantities. Subscriptions 
should be sent, in every case, to the King's Printer, Ottawa. 



Complaint and Application of the Canada Wood Products Company, St. Thomas, 
Ont., re freight rates on lumber consisting of short boards or " trimmer 
ends." 

File No. 38215 

JUDGMENT 
McLean, Assistant Chief Commissioner: 

The tariffs publishing rates on lumber and forest products, carloads, contain 
a scale of rates applying on lumber and other forest products listed therein as 
taking the lumber rates. They also contain other and lower scales of rates, for 
example, one applying on bolts and logs for manufacturing purposes, another on 
cordwood for fuel purposes only, and another on edgings, slabs and mill refuse 
for fuel purposes only. 

Complainant alleges that the character of the material, the rates on which 
are here in issue, is such as to entitle it to the application of the same basis of 
rates as authorized on slabs, edgings and mill refuse for fuel purposes. It is 
being charged the lumber rate which, under the present tariff provisions, is the 
proper basis. 

Complainant sets out that, in the manufacture of lumber, the first process 
is the removal of the outside of the log, these outside pieces being called slabs; 
next, the removal of the wane, or outside portion, from the edges of the board, 
known as edgings; and lastly, the reduction of the boards to standard lengths, 
from which operation are obtained these short end pieces of irregular length and 
shape. These waste materials from these several operations are carried from 
various points in the mill in refuse conveyors and such material as is suitable 
for the manufacture of lath and pickets is separated therefrom. In the event 
that there is a market afforded by the basket and box factories, there is then 
picked from the remaining pile certain material consisting mostly of end pieces 
of irregular shape, which explains the term " trimmer ends " sometimes employed 
in designating this stock, these being utilized by such factories to produce shooks. 

Complainant contends " that the facts fail to establish that any substantial 
difference exists between mill refuse for fuel purposes and mill refuse such as 
used for producing shooks. either in point of value or other transportation 
characteristics, on which to predicate a difference in rates and sustain the action 
of the carriers." With respect to the material used by complainant, it is stated 
it is purchased for approximately $60 per car f.o.b. at the mill. It is evident 

71026—1 281 



282 



that there are different grades of this material as shipped from the mills due to 
the selection of the stock shipped, as another name for this material is " short 
shorts," the mill price of which is given as being very considerably greater than 
the figure named by complainant. The record does not give the mill price 
of this material when sold for fuel purposes only, so that all the facts are not 
a matter of record. The situation appears to be that this material, without any 
sorting, is sold as mill refuse for fuel purposes; that received by complainant is 
sorted and selected to a certain extent, and, in other cases, a still greater selec- 
tion is made, which sells for a considerably higher price. 

The suggestion was made by the complainant that if the carriers were appre- 
hensive that difficulty would be experienced in determining the character of the 
material to which this application, if granted, would apply, the tariffs could make 
provision limiting the lower rates to end pieces not exceeding four feet in length. 
The carriers pointed out that certain classes of boards and a number of other 
articles now taking lumber rates would come within such a description; further, 
that the box manufacturers purchase a great deal of lumber in longer lengths as 
well as these short pieces and stated: — 

" How long do you suppose we would ship boards over four feet to 
the box factories? The difference in the rate would justify them in cut- 
ting them into lengths for boxes four feet in length and you can readily 
see how we would experience difficulty in that direction." 

As an alternative, if the present basis of rates on mill refuse for fuel pur- 
poses only is deemed abnormally low for general application, complainant sug- 
gested that the rates on this material used by basket and box manufacturers 
" should not exceed those existing prior to 1918 plus the subsequent increases 
permitted on forest products generally." Just what is here meant is not clear, 
because an examination of the tariffs of the Canadian Pacific and Grand Trunk 
Railways as in effect over twenty years ago shows the provisions thereof to be 
the same as they are to-day, namely, that mill refuse rates were restricted to 
apply on such material when for fuel purposes only, and there was no provision, 
except the lumber rates, on this material when used for other than fuel purposes. 

A representative of Firstbrook Boxes, Limited, who appeared at the hear- 
ing, stated they had asked the carriers for rates on this material based on 75 per 
cent of the lumber rate. These rates would be higher than applied for by com- 
plainant. 

With respect to the material here in question, the carriers state there is a 
considerable quantity of this class of lumber moving between points in Ontario 
and Quebec for manufacture into box shooks, basket bottoms and boxes, on 
which the lumber rate is charged, and that if they established the rates applied 
for they would, undoubtedly, be flooded with applications for reductions in rates 
on lower classes of lumber between all points. They point out that there is 
only the cme rate applying on lumber (exclusive of designated imported and valu- 
able woods) and other articles listed as taking lumber rates; that they do not 
segregate lumber according to value in establishing the rates thereon, although, 
of course, there is a very wide range in values; that to reduce the current rates 
on lumber of low value would mean a serious loss of revenue to the railways 
which they cannot afford to sacrifice, consequently, if they attempted to make 
a realignment of lumber rates according to value they would require higher 
rates on the more valuable lumber as well as lower rates on the cheap lumber. 

There is no doubt as to the position taken by the Board concerning the 
application, on lumber consisting of short pieces or so-called " trimmer ends " 
or " short shorts," of the rates published on mill refuse for fuel purposes only. 
The rates on the latter were before the Board only recently with respect to a 
matter of tariff interpretation and the Board stated: — 

"As bearing on the clear intention that rates on these commodities 
apply only when for fuel purposes, it is noted that in Order in Council 



283 



P.C. No. 1863, dated July 27, 1918, the increase allowed was one cent 
per 100 pounds, on ' Cordwood, Slabs and Mill Refuse, for fuel purposes.' 
Then, in the judgment covered by General Order No. 308, for the Sep- 
tember, 1920, increase in rates, it is stated: 'The increase in the rates 
on Cordwood, Slabs, Edgings and Mill Refuse, all for use exclusively as 
fuel, should be limited to 10 per cent.' In General Order No. 351, dated 
November 26, 1921, covering the decrease in rates effective December 1, 
1921, it is provided that ■ Rates on Cordwood, Slabs, Edgings and Mill 
Refuse for fuel purposes, be restored to the basis in effect prior to Sep- 
tember 13, 1920.' " Volume 23, Board's Judgments, Orders, Regulations 
and Rulings, page 242. 
The view of complainant that there should be a lower rate on this low 
valued material than on more valuable lumber can be fully appreciated. At 
the same time it seems fair to assume that it is because of an advantage in doing 
so that complainant purchases this material at a very low price instead of lumber 
at a very much higher price for use in making basket bottoms. At the hearing, 
in answer to a question by Commissioner Stoneman, complainant stated he pur- 
chased this material because it is economical. 

The issue here raised is one, as we view it, that would open up a very large 
question, namely, the matter of a realignment of the rates on lumber and other 
articles listed as taking lumber rates, segregating them into different classes 
according to value and other characteristics, and prescribing different scales of 
rates thereon. There has never been anything but a common rate applying on 
all of these articles, regardless of value or whether rough, planed, dressed, etc. 
So far as the Board is aware, there has never been any application or demand 
from the lumber manufacturers for any such rate adjustment and we believe it 
to be very doubtful if anything along such lines could be worked out that would 
be satisfactory to all interests. Such a refinement of rate-making has not been 
attempted in the United States, although in 1919 the Interstate Commerce Com- 
mission concluded a very extensive investigation for the purpose of " deter- 
mining upon a reasonable and non-discriminatory rate relationship between the 
various kinds of lumber and lumber products," 52 I.C.C., 598. They stated 
" all parties to this proceeding, the carriers included, are agreed that no differen- 
tiation in rates should be made between rough and dressed lumber, or between 
different grades of lumber, but that all of the ordinary "products of saw and 
planing mills should take lumber rates." They prescribed a long list of articles 
which should take lumber rates, including the material which is here being con- 
sidered. Some conception of the variation in values of different forms of lumber 
is given in Appendix 2 to the Commission's report showing a range of average 
carload values from $2.32 to $83.93 per ton. 

On the meagre record here, which originates, not as an application from 
any lumber shipper, but the complaint of one purchaser of this material, the 
Board would not be justified in entering upon an investigation of the character 
referred to. It should be done only upon a general application from the lumber 
trade and would require an extensive inquiry at which all interests would be 
represented and the matter developed fully from all angles. 

The complaint will be dismissed and the application refused. 

S. J. McLEAN. 

Ottawa, Ont., October 24, 1933. 

Concurred in by Commisisoners Norris and Stoneman. 



7102&-U 



284 



ORDER No. 50510 

In the matter of the complaint and application of the Canada Wood Products 
Company, of St. Thomas, Ontario, regarding freight rates on lumber 
consisting of short boards or " trimmer ends." 

File No. 38215 

Thursday, the 9th day of November, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 
Hon. T. C. Norris, Commissioner. 
J. A. Stoneman, Commissioner. 

Upon hearing the matter at the sittings of the Board held in St, Thomas, 
October 11, 1933, the Canada Wood Products Company, Firstbrook Boxes 
Limited, the Canadian Manufacturers' Association, Canadian Freight Associa- 
tion, Canadian National Railways, Canadian Pacific Railway Company, and the 
Pere Marquette Railway Company being represented at the hearing, and what 
was alleged, — 

It is ordered: That the complaint be, and it is hereby, dismissed and the 
application refused. 

C. P. FULLERTON, 

Chief Commissioner. 

Application of Planters Nut and Chocolate Company, Limited, Toronto, Ontario, 
for an order directing a reduction in the ratings of second class L.C.L. 
and fourth class C.L., provided on salted peanuts in other than glass con- 
tainers in Canadian Freight Classification No. 18, to third class L.C.L, 
and fifth class C.L. 

File No. 33365.96 

JUDGMENT 

By the Board: 

The applicant and the Canadian Freight Association (on behalf of the 
railways) filed written submissions setting out their contentions with respect to 
this application and stated the matter could be considered and disposed of by 
the Board upon such submissions and without a public hearing. 

Salted peanuts, in other than glass containers, are at present provided for 
in Canadian Freight Classification No. 18 at ratings of second class L.C.L. and 
fourth class C.L.; ratings of third class L.C.L. and fifth class C.L. are applied 
for. Applicant alleges that the present ratings on salted peanuts are unreason- 
able on the following grounds: — 

(1) Decrease in value of the product. 

(2) Salted peanuts are rated the same as confectionery and high-grade 
nuts having a much higher value and the placing of salted peanuts in the same 
class for the purpose of classification is an injustice; that a classification rating 
which fails to reflect the materially lower wholesale and retail prices of salted 
peanuts in relation to confectionery and high-grade nuts is unreasonable. 

DECREASE IN VALUE OF THE PRODUCT 

Applicant states that since 1925, factors usually deemed to have a controll- 
ing effect upon the question of classification have undergone material change; 
that the present average wholesale value of salted peanuts, packaged and bulk 
goods, is 15 cents per pound, while the average wholesale value in 1932 waa 



285 



26-99 cents per pound, showing that the value of the product has decreased 
44-42 per cent; that, inasmuch as value is one of the elements considered in 
determining classification ratings, the decrease in price is justification for a 
reduction in the present ratings. 

According to a statement furnished by applicant, the wholesale price range 
in 1932 was from 21| cents per pound for whole blanched salted peanuts shipped 
in bulk in pails to 34 cents per pound for the same peanuts retailed in 5-centl 
packages; there is not given the volume shipped in each price range so as to 
show the actual average price per pound of all the salted peanuts shipped in 
that year. The same remarks apply to the average figure given for this year. 

We have only been furnished with prices of salted peanuts for two ye-ars, 
in which there has been a marked difference in price, the reasons for which are 
not explained. Applicant considered it unnecessary to make any explanation 
for reducing its prices other than that it was done " in order to maintain our 
position." What that means we do not know. The present classification ratings 
on these nuts shipped in barrels or boxes as outside containers have been in 
effect for forty-nine years and we think it can be reasonably assumed that there 
has been considerable price fluctuation during this period, although it is not a 
matter of record. Applicant states, with regard to values, that iA in the case of 
salted peanuts there is no fluctuation, but there has been a general, and to all 
appearances a permanent, reduction." The record is entirely devoid of any 
evidence in support of this statement and no proof furnished that the prices do 
not fluctuate. 

With respect to the reduction in present prices of salted peanuts as com- 
pared with 1925, to which applicant directs attention, the railways point out 
that in the intervening period reductions and fluctuation of varying amount 
have been made in the prices of practically all the thousands of articles enumer- 
ated in the Canadian Freight Classification. They refer to judgments of the 
Board in which it has been stated that rates and ratings cannot be changed to 
meet fluctuations in the prices of commodities ; that this has never been accepted 
by any rate tribunal as a proper principle of rate-making; would result in no 
stability or permanency in rate structure; nor, necessarily, have any relation 
to the cost of service or other factors that are controlling. They give statistics 
published by the Department of Trade and Commerce showing 1933 prices on 
many products being from approximately 45 to 70 per cent of the 1926 prices. 
The classification ratings on such articles have not been changed because of the 
decrease in value. An examination of the reported decisions of the Interstate 
Commerce Commission shows there has been no reduction directed in the 
classification ratings in the Official, Western and Southern Classifications in the 
United States, based on the ground here advanced by applicant. 

While there may be a decrease in the value of articles taking a rating of 
second class, reductions have also taken place in the value of articles rated third 
and first class, consequently, the fact of a price reduction on an article rated 
second class in itself affords no justification for reducing the rating thereon 
solely on that ground, nor does it furnish any proof that such rating is unreason- 
able in relation to the unchanged ratings on other articles similarly reduced in 
price. There would be no logic, consistency,, reasonableness, nor justice in 
picking out only one product on which prices have been reduced and reducing 
the classification ratings thereon solely because of a decrease in its value. 

Applicant markets a large volume of salted peanuts in packages, which 
retail at 5 and 10 cents each, and points out that the price reduction has 'been 
brought about by increasing the weight placed in these packages rather than a 
change in the retail price of the package. For example, one 5 cent package 
formerly weighing H ounces now weighs 2f ounces. Applicant states this 
results in the purchaser receiving twice the quantity of peanuts as formerly 
without any increase in price; the transportation companies receive approxj- 



286 



mately twice as much revenue as accrued to them formerly; both benefiting at 
the expense of the manufacturer, and this warrants some revision in the 
classification. What is meant by the purchaser and railways 'benefiting at the 
expense of the manufacturer is not clear. In another portion of its submission 
applicant states " this shows that any benefit which we may derive from 
increased business is being passed on to the consumer and the railway companies 
and not being kept in our pockets." So far as the carriers are concerned, if the 
charge on a given weight of peanuts is reasonable, a greater charge for an addi- 
tional weight carried is likewise reasonable and they can receive twice as much 
revenue only when they perform the additional transportation service of carrying 
twice as much weight. If they receive a certain revenue for transporting one 
carload of peanuts, they can only receive twice as much revenue by transporting 
two carloads of peanuts. 

RATINGS ON SALTED PEANUTS AS COMPARED WITH CONFECTIONERY AND OTHER NXJTS 

Applicant points out that salted peanuts are provided with the same ratings 
as confectionery and high-grade nuts having much higher value, and claims 
that placing salted peanuts in the same class for the purpose of classification is 
an injustice; that a classification rating which fails to reflect the materially 
lower wholesale and retail prices of salted peanuts in relation to confectionery 
and high-grade nuts is unreasonable; that the relationship of the rate in mer- 
chandising a relatively low-valued product such as salted peanuts, is infinitely 
more important than in the case of 'confectionery and nuts selling at prices 
approximately 100 per cent, or more, higher. 

Applicant furnished statements showing wholesale prices of various confec- 
tions averaging approximately 38 cents per pound and nuts averaging cents 
per pound. The confections included in these statements range from 34 to 
cents per pound. 

With respect to the edible nuts other than peanuts, the railways stated 
that when the extensive revision of the classification was under consideration 
prior to 1925 (which is referred to at length in Volume 15, Board's Judgments, 
Orders and Rulings, page 177), they had proposed increasing the ratings on 
these nuts, but, during the negotiations with the special joint classification com- 
mittee composed of representatives of both the manufacturers and the railways, 
objections were raised by shipppers, who claimed that in most cases such nuts 
were shipped in mixed 'Carloads 'containing confectionery, chewing gum and 
peanuts. The effect of a higher rating on the nuts would be to exclude them 
from such mixed carloads at carload rating, or increasing the rating on the 
whole carload to the higher rating under the provisions of the classification 
rule relating to mixed carloads. They stated that they finally agreed to apply 
the one rating on all classes of edible nuts, continuing the ratings which had 
been in force since 1884. So far as relates to confectionery, the railways claimed 
applicant's figures only cover high-grade chocolates and were not representative 
of the average price of candy. They submitted a statement of wholesale prices 
ranging from 10 to 37 -cents per pound. Applicant stated it was difficult to deny 
or confirm the prices shown by the railways, but, accepting them and striking 
a simple average, it showed an average value per pound of 17-62 cents, or 2-62 
cents higher than the average value of 15 cents per pound on salted peanuts. 
They admitted that the low-priced candies shown by the railways were not 
taken into consideration by them, but alleged that the prices shown by the rail- 
ways were far from being representative of the average price of confectionery. 
They added other items to the railways' figures and produced an average of 
24-06 cents per pound and contended that this was a more representative 
average than that submitted by the railways. 



287 



Candy, confectionery and confections are made in many forms, are com- 
posed of numerous and varying ingredients, are differently packed, range in 
value from the penny goods to the high-priced chocolates and combinations of 
fruits and nuts with chocolates, vary in density, and comprise, under the 
generic term, many commodities. We consider it would be difficult to obtain 
data showing the entire range of prices and the volume shipped of each so as 
to determine the actual average price of all the confectionery handled. A mere 
arithmetical average of all price ranges without regard to the volume shipped 
in each is of little value in determining a representative average price. Such 
data is not before us, but we believe that the bulk of the candy and confectionery 
handled is in the low price range. It is noted that in a case before it concerning 
the classification ratings on candy and confectionery in Western Classification 
territory, the Interstate Commerce Commission referred to candies of values 
up to $1 per pound, but stated that at least 75 per cent of the candy and confec- 
tionery shipped to Western Classification territory, exclusive of the low price 
popped corn confectionery, was of a wholesale value of 15 cents or less per 
pound. 



The railways also quoted retail prices per pound on cheese and certain 
meats provided with the same ratings as salted peanuts, which, while of a more 
perishable nature than peanuts, move in much greater volume and are of less 
value per pound retail than peanuts. They also gave retail prices of lard and 
rice (12i cents and 8 cents per pound respectively) classifying third class L.C.L. 
and fifth class C.L. (the ratings here applied for by applicant) , and sugar rated 
fourth class L.C.L. and fifth class C.L. at retail price of 1\ cents per pound, 
pointing out that the retail prices of these articles were lower than the whole- 
sale price of peanuts, which retail from 20 cents to 30 cents per pound. 

Applicant contended that the foregoing figures should not be admitted as 
evidence because there are certain features surrounding the handling of meats 
and lard which are not encountered in the case of salted peanuts, such as their 
perishable nature and refrigerator cars being required for their carriage; that 
sugar is carried at fourth class L.C.L., which is lower than applied for on salted 
peanuts (the carload rating on sugar, however, is the same as here applied for) ; 
that rice is carried in L.C.L. quantities at commodity rates based on fourth 
class (this is only true so far as Eastern Canadian territory is concerned and 
was established because of an import and international rate situation as set out 
in the Board's Judgment of November 1, 1910, and covered by Order No. 13852 
of June 1, 1911). 

The railways stated the value of salted peanuts compares favourably with 
the average value of other articles classified second class L.C.L. and fourth 
class C.L., and is much greater than the average value of articles classifying 
third class L.C.L. and fifth class C.L. Applicant stated it disagreed with this 
statement. It contends that in view of the values of certain commodities classi- 
fying second class L.C.L. and fourth class C.L., salted peanuts are entitled to 
lower ratings and named a few commodities classifying third class L.C.L. and 
fifth class C.L., which have a higher value than salted peanuts. The statements 
of both parties concerning values of articles in these respective classes are of a 
very general character and an interminable controversy could be centred around 
this point. Value, however, is only one of the many elements considered in the 
establishment of classification ratings. Dealing with value alone and taking 
only L.C.L. ratings for the purpose of comment, it may be stated that it is very 
easy to pick out a given article in the classification rated second class, then go 
through the classification and name many articles taking the same rating which 
have a considerably higher value, arguing therefrom, as here done by applicant, 
that the lower valued article should be given a lower rating. Unless the lowest 



288 



valued article in that class is taken for such comparison, other articles taking 
the same rating and with a lower value can also be found. Similar comparison 
can be made with respect to articles in any of the other classes of the classifica- 
tion. The same comparison can be made with respect to any classification in 
existence in the United States. Even on the same article there is a very wide 
range in values in many cases and there has never, in Canada or the United 
States, been that attempt at refinement that would provide for different ratings 
on the same article based solely on difference in value. With the very limited 
number of classes in the classification and the thousands of articles to be 
classified, the grouping of articles is necessarily more or less broad. Classifica- 
tion is not an exact science, nor may the ratings accorded a particular article 
be determined alone by the yardstick, the scales and the dollar. From its very 
nature and use, classification cannot be so minute as to do mathematically exact 
justice to every variety of commerce that may move. 

The Board has frequently stated that citations of 'classification ratings in 
effect in the United States are not necessarily conclusive with respect to condi- 
tions existing in Canada unless the conditions are on all fours. Such informa- 
tion is informative and, from that standpoint, the Board has frequently set out 
the ratings in other classifications. The railways in their submissions, while 
stating that the ratings carried on a commodity in the United States classifica- 
tions are not the governing factor in determining what the ratings should be on 
the same commodity in the Canadian classification, call attention to the ratings 
in Official, Southern and Western United States territories on candy, confection- 
ery and nuts. Except as to the carload rating in Southern territory, the L.C.L. 
and C.L. ratings on candy, confectionery and salted peanuts are the same as 
in the Canadian classification. There, as in Canada, salted peanuts, candy and 
confectionery take the same ratings. In the United States the edible nuts, 
other than peanuts, 'are rated higher than in Canada. The applicant company 
has a number of plants in the United States. The volume of salted peanuts 
carried by Canadian railways is small in comparison with what is carried by 
the United States railways. The Interstate Commerce Commission, in 68 I.C.C., 
623, in a case where complainant asked for third-class rating L.C.L., found the 
second-class rating on salted peanuts in the Southern Classification not unreason- 
able and dismissed the complaint. In 156 I.C.C., 307, the Commission dismissed 
a complaint against the second-class L.C.L. rating on salted peanuts in the 
Southern and Western Classifications, finding that rating not unreasonable. In 
173 I.C.C., 366, the Commission found the second-class L.C.L. rating on salted 
peanuts in Southern, Western and Official Classifications not unreasonable and 
the complaint against the same was dismissed. An average wholesale value of 
12-1 cents per pound on salted peanuts is given in this report. 

Applicant furnished a statement showing on salted peanuts an average 
weight per cubic foot of 27-38 pounds; average value per cubic foot $3.69; 
average wholesale price per pound 15 cents. The ratings are second class L.C.L. 
and fourth class C.L. Some cases where these ratings have been prescribed by 
the Board are given below. 

Peanut butter is provided with ratings of second class L.C.L. and fourth 
class C.L. The fourth-class rating was prescribed by the Board by Order No. 
20925 dated November 24, 1913. The record then before the Board showed the 
wholesale price as ranging from 9 cents to 14^ cents per pound and weight per 
cubic foot from 49 to 57 pounds. 

Maple butter is provided with ratings of second class L.C.L. and fourth 
class C.L. Maples, Limited, Toronto, made application to the Board for ratings 
of third class L.C.L. and fifth class C.L. The value was given as 12^ cents per 
pound and $3 per cubic foot. By Order No. 21745, dated May 2, 1914, the Board 
directed provision in the classification for this commodity at ratings of second 
class L.C.L. and fourth class C.L. 



289 



Dried fruits, except apples (in other than glass or earthenware containers), 
are rated second class L.C.L. and fourth class C.L. In 1913, the Toronto Board 
of Trade, supported by a number of other organizations, applied for a reduction 
in ratings to third class L.C.L. and fifth class C.L., and wholesale prices were 
shown by the applicant as ranging from 4 cents to 17 cents per pound. The 
railways submitted figures that were, in some cases, somewhat higher. The 
weight per cubic foot, while not given, would be greater than on salted peanuts. 
The application was not granted (Order No. 20010, dated August 11, 1913). 
The same matter was again before the Board in 1925 and the Board reaffirmed 
its previous decision. 

There was before the Board in 1925, the classification of rubber floor cover- 
ing, complaint being made against ratings of second class L.C.L. and fourth 
class C.L.; ratings of third class L.C.L. and fifth class C.L. were applied for. 
The application was dismissed. The record showed the value as being from 
13^ cents to 16J cents per pound; weight per cubic foot 128 pounds. 

There is absolutely no evidence that the present ratings on salted peanuts 
are restricting the manufacture and consumption thereof; in fact, the applicant's 
statements indicate a steadily increasing business in this product. 

We do not consider the present ratings are unreasonable, or unjustly dis- 
criminatory, and the application is refused. 

Ottawa, Ont., November 17, 1933. 



ORDER No. 50553 

In the matter of the application of the Planters Nut & Chocolate Company, 
Limited of Toronto, Ontario, for an Order directing a reduction in the 
ratings of second class L.C.L. and fourth class C.L., provided on salted 
peanuts in other than glass containers in Canadian Freight Classification 
No. 18, to third class L.C.L. and fifth class C.L. 

File No. 33365,96. 

Tuesday, the 21st day of November, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

F. N. Garceau, K.C., Deputy Chief Commissioner. 
Hon. T. C. Norris, Commissioner. 
J. A. Stoneman, Commissioner. 

G. A. 'Stone, Commissioner. 

Upon reading what has been filed in support of the application and on 
behalf of the Canadian Freight Association — 

It is Ordered that the application be, and it is hereby, refused. 

C. P. FULLERTON, 

Chief Commissioner. 



290 



ORDER No. 50511 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act 

File No. 34822.13. 

Thursday, the 9th day of November, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board Orders: 

1. That the tolls published in items 71 and 72 and from Mount Uniacke, 
Nova Scotia, in item 135-C of Supplement No. 66 to Tariff C.R.C. No. 817, filed 
by the Dominion Atlantic Railway Company under section 9 of the Maritime 
Freight Rates Act, be, and they are hereby, approved, subject to the provisions 
of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said items 71, 72, and 135-C of Supplement No. 66 to Tariff C.R.C. 
No. 817, approved herein, are as follows: — 

Rates in cents 

For per 100 pounds 

Item 71 6£ 

Item 72 

Mount Uniacke, N.S 7£ 

Kennetcook, N.S 8 

Item 135-C H 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50512 

In the matter of tariffs, and supplements to tariffs, filed under the provisions 
of the Maritime Freight Rates Act 

File No. 34822.13. 

Thursday, the 9th day of November, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board Orders: 

1. That the toll published to Clifton, Nova Scotia, in item 61-C of Supple- 
ment No. 25 to Tariff C.R.C. No. 851, filed by the Dominion Atlantic Railway 
Company under section 9 of the Maritime Freight Rates Act, be, and it is 
hereby, approved, subject to the provisions of subsection 3 of Section 3 of the 
said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said item 61-C of Supplement No. 25 to Tariff C.R.C. No. 851, 
approved herein, is 20 cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



291 



ORDER No. 50513 

In the matter of tariffs, and supplements to tariffs, filed under the provisions 
of the Maritime Freight Rates Act 

File No. 34822.13. 
Thursday, the 9th day of November, A.D. 1933. 
Hon. CP. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 
The Board Orders: 

1. That the toll published to Truro, Nova Scotia, in item 111-B of Supple- 
ment No. 63> to Tariff C.R.C. No. 856, filed by the Dominion Atlantic Railway 
Company under section 9 of the Maritime Freight Rates Act, be, and it is 
hereby, approved, subject to the provisions of subsection 3 of Section 3 of the 
said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said Item 111-B of Supplement No. 63 to Tariff C.R.C. No. 856, 
approved herein, is 8 cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50514 

In the matter of tariffs, and supplements to tariffs, filed under the provisions 
of the Maritime Freight Rates Act 

File No. 34822.14. 
Thursday, the 9th day of November, A.D. 1933. 
Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 
The Board Orders: 

1. That the tolls published in Tariff C.R.C. No. 708, filed by the Temis- 
couata Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and they are hereby, approved, subject to the provisions of subsection 3 of 
section 3 of the said Act; the Temiscouata Railway Company's proportion to 
be reported at 6 cents per 100 pounds from all stations, and the Canadian 
Pacific Railway Company's proportion to be reported as follows: — 

Rates in cents 

To per 100 pounds 

Chipman, N.B 10i 

Fredericton, N.B 10i 

Norton, N.B 13^ 

Saint John, N.B 12^ 

Woodstock, N.B 11 

2. And the Board hereby certifies that the Temiscouata and the Canadian 
Pacific Railway Companies' proportion of the normal tolls under subsection 3 
of section 9 of the said Act, on traffic carried under the said Tariff C.R.C. No. 
708, approved herein, are as follows: — 

Rates in cents per 10O pounds 
To Temiscouata Canadian Pacific 

Chipman, N.B 7* 13 

Fredericton, N.B 7£ 13 

Norton, N.B 7£ 17 

Saint John, N.B 7i 15^ 

Woodstock, N3 7£ 14 

To all other stations the Temiscouata Railway Company's proportion is 7i 
cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



292 



ORDER No. 50526 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act; and the Order of the Board No. 50282, 
dated August 29, 1933, approving tolls published in item 15, and to Beau- 
harnois, Quebec, in item 45-B of Supplement No. 9 to Tariff C.R.C. No. 
E-4314 filed by the Canadian Pacific Railway Company. 

File No. 34822.12 

Wednesday, the 15th day of November, A.D. 1933. 

Hon. C. P. Fullerton , K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 
Upon its appearing that an error was made in the said Order No. 50282, — • 
It is ordered: That the figures " 42," opposite the words " Beauharnois^ 
Que./' at the end of the said Order No. 50282, dated August 29, 1933, be struck 
out and the figures " 41-4 " substituted therefor. 

C. P. FULLERTON, 

Chief Commissioner, 

ORDER No. 50539 

In the matter of tarifjs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. -p-j e 34322 2 

Monday, the 20th day of November, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Asst. Chief Commissioner. 

The Board orders: That the tolls published in the following tariffs filed by 
the Canadian National Railways under Section 3 of the Maritime Freight Rates 
Act be, and they are hereby, approved, subject to the provisions of subsection 3 
of the said section 3, namely: — 

Supplement 21 to Tariff C.R.C. No. E-1241 

Supplement 14 to Tariff C.R.C. No. E-1689 

Supplement 25 to Tariff C.R.C. No. E-1804 

Supplement 7 to Tariff C.R.C. No. E-1835 

Supplement 8 to Tariff C.R.C. No. E-1911 

Tariff C.R.C. No. E-2070 

C. P. FULLERTON, 

Chief Commissioner. 

GENERAL ORDER No. 522 

In the matter of the General Order of the Board No. 199, dated July 24, 1917, 
as amended by General Order No. 226, dated April 4, 1918, prescribing 
regidations for the equipment of locomotives with electric headlights. 

File No. 6511.5 
Thursday, the 9th day of November, A.D. 1933 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

F. N. Garceau, K.C., Deputy Chief Commissioner. 
Hon. T. C. Norris 2 Commissioner. 
J. A. Stoneman, Commissioner. 

G. A. Stone, Commissioner. 

Upon reading the submissions filed on behalf of the Brotherhood of Loco- 
motive Engineers, the Brotherhood of Locomotive Firemen and Enginemen, the 
Railway Association of Canada, and the Canadian National and the Canadian 
Pacific Railway Companies; 



293 



In pursuance of the powers conferred upon it by sections 34, 287, and 288 
of the Railway Act, and of all other powers possessed by the Board in that 
behalf; and upon the report and recommendation of its operating officers, — 
It is ordered as follows: — 

1. That every railway company subject to the legislative authority of the 
Parliament of Canada be, and it is hereby, required to equip its locomotives 
used in road service, between sunset and sunrise, with headlights which will 
enable persons with normal vision in the cab of a locomotive, under normal 
weather conditions, to see a dark object the size of a man for a distance of 800 
feet or more ahead of the locomotive. Such headlight must be maintained in 
good coondition. 

2. That every locomotive used in road service which is regularly required 
to run backward for any portion of its trip, except to pick up a detached por- 
tion of its train, or in making terminal movements, shall have on the rear a 
headlight which will meet the requirements of this order. 

3. That nothing in these regulations shall prevent the use of a device 
whereby the light may be diminished in yards, at stations, and on two or more 
tracks when approaching trains moving in opposite direction, to an extent that 
will enable a person or persons operating the locomotive to see a dark object 
the size of a man for a distance of 300 feet or more ahead of the locomotive, 
under normal weather conditions. 

4. (a) That nothing in these regulations shall prevent the use of temporary 
devices being used to substitute the regular headlight when necessary to move 
a train from the point at which the headlight equipment has broken down or 
failed, provided the train moves at a speed not exceeding ten miles an hour over 
any public highway crossing not specially protected by watchman, gates, or 
automatic signal, until the first station with passing track or siding as shown in 
the time-table is reached, where an examination must be made and, if possible, 
the headlight put in good working condition. 

(b) That in case repairs cannot be made at the station referred to, the 
train may proceed to the first repair point, displaying such light as may be 
available and provided at such station, passing over all public highway crossings 
not specially protected by watchman, gates, or automatic signal at a speed not 
exceeding twenty miles an hour, provided that, in the event a light cannot be 
furnished, the engine must be replaced or assisted by an engine displaying a 
proper light. 

(c) That while proceeding to the first station and/or repair point, the 
whistle signal for all highway crossings not protected by watchman, gates, or 
automatic signal must be given the second time approaching all such crossings. 

(d) That repairs to the equipment must be effected at the first repair point, 
or the engine replaced. (First repair point is such a place at which the company 
has the necessary facilities to make ordinary repairs to electrical or other power 
headlight equipment.) 

(e) That spare bulbs and other necessary parts must be supplied at the 
initial terminal and carried on each locomotive, and that a list of such parts 
be furnished for the information of the engineer, whose duty it shall be to check 
over to see that such supplies are furnished before starting out on his trip from 
such terminal. 

5. That each locomotive used in yard service between sunset and sunrise 
shall have two lights, one located on the front of the locomotive and one on the 
rear, each of which shall enable a person with normal vision in the cab of a 
locomotive, under normal weather conditions, to see a dark object the size of a 
man for a distance of at least 300 feet in front of such light; and such lights 
must be maintained in good condition. 



294 



6. That the said General Orders Nos. 199 and 226, dated respectively July 
24, 1917, and April 4, 1918, be, and they are hereby, rescinded. 

C. P. FULLERTON, 

Chief Commissioner. 



ACCIDENTS REPORTED TO THE OPERATING DEPARTMENT, 
BOARD OF RAILWAY COMMISSIONERS, FOR MONTH 
OF SEPTEMBER, 1933 

Railway accidents 189, with 18 persons killed and 187 injured. 

Railway accidents at highway crossings 23, with 7 persons killed and 30 injured. 

212 25 



Passengers. 
Employees 
Others.. .. 





217 


Killed 


Injured 




28 


3 


128 


22 


61 


25 


217 



DETAILS OF ACCIDENTS AT HIGHWAY CROSSING® 

No. of 

Accidents Prince Edward Island 

1 Automobile — Auto driver failed to stop for crossing. Licence P.E.I. 1551. 

Nova Scotia 

Automobile — Auto driver did not take necessary precaution. Licence NjS. 26-747. 
Auto truck and trailer — Licences: truck, N.S. 12-411; trailer, No. 806. 

New Brunswick 

Automobile — Auto driver failed to look out for train. Licence Que. 71748. 

Quebec 

Automobile — Auto ran into side of train. Licence Que. H-2017. 
Automobile stopped foul of track, struck by train. Licence Que. H-20553. 
Pedestrian — Crawled under gates in lowered position. 

Ontario 

Automobile — Auto driver failed to see or hear train. Licences, Ont. N-5261, 
D-988, HW-156. 

Automobile — Auto driver failed to observe train. Licence Ont. AT-764. 
Auto truck — Truck driver attempted to cross ahead of approaching train. Licence 
Ont. 30539-C. 

Pedestrian — Negligence on part of pedestrian and companion. 

Manitoba 

Auto truck — Truck driver failed to observe approaching train. Licence number not 

obtained. 
Horse-drawn vehicle. 

Saskatchewan 

Automobile — Auto driver failed to take precautions approaching crossing. Licence 

Sask. 62-761. 
Automobile — Licence Sask. 4-827. 

Horse-drawn vehicle — Failed to look out for approaching train. 

Alberta 

Automobile — Auto driver failed to exercise proper precaution. Licence Alta. 61829. 
Automobile — Defective auto brakes. Licence Alta. 51-935. 

Auto truck — Truck driver failed to exercise precaution. Licence Alta. AT-9-392. 

British Columbu 
Automobile — Auto ran into side of train. Licence Wash. 210-111. 
Automobile — Licence B.C. 61-374. 



imp 
den 



Of the twenty-three accidents at highway crossings, twenty occurred at 
otected crossings and three at protected crossings. Seventeen of the acci- 
s occurred during daylight hours and six at night. 

Ottawa, November 24, 1933. 



2Tl)c poartj of 

J&atltoap Commissioners for Canaba 

Judgments, Orders, Regulations, and Rulings 
Vol. XXIII Ottawa, December 15, 1933 No. 20 

This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscription, $3.00; single 
numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be made to the King's Printer, 
Ottawa, by postal money order, express order or accepted cheque. The use of currency for this purpose is 
contrary to the advice of the postal authorities ond entails a measure of risk. Postage stamps, foreign money 
or uncertified cheques will not be accepted. No extra charge is made for postage on documents forwarded to 
points in Canada and in the United States, but cost of postage is added to the selling price when documents 
are mailed to other countries. Early application should be made for copies in quantities. Subscriptions 
should be sent, in every case, to the King's Printer, Ottawa, 




ORDER No. 50562 



In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.14 

Saturday, the 25th day of November, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published in Tariff C.R.C. No. 709, filed by the Temis- 
couata Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and it is hereby, approved, subject to the provisions of subsection 3 of section 
3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said Tariff C.R.C. No. 709, approved herein, is 2\ cents per 100 
pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50563 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.14 

Saturday, the 25th day of November, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published in Tariff C.R.C. No, 710, filed by the Temis- 
couata Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and it is hereby, approved, subject to the provisions of subsection 3 of section 
3 of the said Act. 



296 



2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said Tariff C.R.C. No. 710, is 4i cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50564 . 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.13 

Saturday, the 25th day of November, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the tolls published in item 91 of Supplement No. 34 to Tariff C.R.C. 
No. 812, filed by the Dominion Atlantic Railway Company under section 9 of 
the Maritime Freight Rates Act, be, and they are hereby, approved, subject to 
the provisions of subsection 3 of section 3 of the said Act : the Dominion Atlantic 
Railway Company's proportion to be reported at 24-4 cents per 100 pounds. 

2. And the Board hereby certifies that the Dominion Atlantic Railway 
Company's proportion of the normal toll for the purpose of reimbursement under 
subsection 3 of section 9 of the said Act, on traffic carried under the said item 91 
of Supplement No. 34 to Tariff C.R.C. No. 812, approved herein, is 31-1 cents 
per 100 pounds. 

C. P. FULLERTON, 

C hief C ommissioner. 



ORDER No. 50565 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.13 

Saturday, the 25th day of November, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published from Sheffield Mills, Nova Scotia, in item 5-B 
of Supplement No. 26 to Tariff C.R.C. No. 851, filed by the Dominion Atlantic 
Railway Company under section 9 of the Maritime Freight Rates Act, be, and 
it is hereby, approved, subject to the provisions of subsection 3 of section 3 of 
the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said item 5-B of Supplement No. 26 to Tariff C.R.C. No. 851, approved 
herein, is 25 cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



297 



ORDER No. 50566 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.15 

Saturday, the 25th day of November, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published to Edmundston, New Brunswick, in Supplement 
No. 21 to Tariff C.R.C. No. 160, filed by the Fredericton and Grand Lake Coal 
and Railway Company under section 9 of the Maritime Freight Rates Act, be, 
and it is hereby, approved, subject to the provisions of subsection 3 of section 3 
of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said Supplement No. 21 to Tariff C.R.C. No. 160, approved herein, is 
$1.50 per net ton. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50572 

In the matter of the application of the Canadian Pacific Railway Company, 
hereinafter called the " Applicant Company, " under Section 330 of the 
Railway Act, for approval of Supplement No. 1 to its Standard Freight 
Mileage Tariff C.R.C. No. W-2871, on file with the Board under file No. 
1179.56. 

Tuesday, the 28th day of November, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

Upon the report and recommendation of the Assistant Chief Traffic Officer 
of the Board, — 

It is ordered: That the said Supplement No. 1 to the applicant company's 
Standard Freight Mileage Tariff C.R.C. No. W-2871, on file with the Board 
under file No. 1179.56, be, and it is hereby, approved; the said tariff, with a 
reference to this order, to be published in at least two consecutive weekly issues 
of the Canada Gazette. 

C. P. FULLERTON, 

Chief Com?nissioner. 



298 



ORDER No. 50599 



In the matter of tariffs and supplements to tariffs, filed under the provisions of 
the Martime Freight Rates Act. 

File No. 34822.12 

Thursday, the 7th day of December, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the tolls published on pulpwood to St. George, New Brunswick, and 
on pit props from Cody, New Brunswick, in Supplement No. 24 to Tariff C.R.C. 
No. E-4322, filed by the Canadian Pacific Railway Company under section 9 of 
the Maritime Freight Rates Act, be, and they are hereby, approved, subject to 
the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said Supplement No. 24 to Tariff C.R.C. No. E-4322, are as follows:— 



To St. George, N.B. 
From 

Bay Shore, N.B 

Barbe Dam, N.B 

to 

Gilman, N.B 

Moore's Mills, N.B 

Maxwell, N.B 

to " . 

St. Stephen. N.B 

Milltown, N.B 

Dumbarton, N.B 

to 

St. Andrews, N.B 

Oak Bay, N.B 

to 

Gidden, N.B 

McMinn, N.B 

to 

Bonny River, N.B 

Utopia, N.B 

Sherwood Siding, N.B 

to 

New River, N.B 

Lepreaux, N.B 

to 

Allan Cot, N.B 

Spruce Lake, N.B 

Pit Props from Cody, N.B... 



Rates in cents 
per 100 pounds 



4* 



4i 



31 



4} 

5 
4 



C. P. FULLERTON, 

Chief Commissioner. 



Z\)t poart of 

J&atltoap Commts&tonerg for Canaba 



Judgments, Orders, Regulations, and Rulings 



Vol. XXHI Ottawa, January 1, 1934 No. 21 



This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscription, $3.00; single 
numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be made to the King's Printer, 
Ottawa, by postal money order, express order or accepted cheque. The use of currency for this purpose is 
contrary to the advice of the postal authorities and entails a measure of risk. Postage stamps, foreign money 
or uncertified cheques will not be accepted. No extra charge is made for postage on documents forwarded to 
points in Canada and in the United States, but cost of postage is added to the selling price when documents 
are mailed to other countries. Early application should be made for copies in quantities. Subscriptions 
should be sent, in every case, to the King's Printer, Ottawa. 



Application of the Canadian Pacific Railway Company for an Order of the 
Board granting approval of the abandonment of its M cAuley Subdivision, 
Manitoba District ( Kirkella to McAuley Line). 

(File No. 4766.13) 

REPORT TO THE BOARD, AFTER HEARING (OCTOBER 16, 1933), 
BY FULLERTON, CHIEF COMMISSIONER: 

The Canadian Pacific Railway Company applies under Chapter 47 of the 
Statutes of Canada for the year 1932-33, for the approval of the Board to the 
abandonment of the operation of its line of railway between Kirkella and 
McAuley, in the province of Manitoba. 

Before the year 1933, unless there was a statutory provision requiring a 
railway company to operate its road, it was at liberty to abandon the whole or 
any portion of its line. The statute above referred to, which amends the Rail- 
way Act by adding section 165A, provides that, — 

" A company may abandon the operation of any line of railway with 
the approval of the Board, and no company shall abandon the operation 
of any line of railway without such approval." 
Unlike the corresponding provision in the Interstate Commerce Act, Parlia- 
ment has laid down no principle upon which the Board should act in granting 
or withholding approval. Section 1 (18) of that Act provides that 

" no carrier by railroad subject to this Act shall abandon all or any por- 
tion of a line of railroad, or the operation thereof, unless and until there 
shall first have been obtained from the Commission a certificate that the 
present or future public convenience and necessity permit of such aban- 
donment." 

In a majority of the cases in which the Interstate Commerce Commission 
issued certificates authorizing abandonment, referred to and summarized in the 
Index to Vol. 131, I.C.C.R., pp. 805 et seq, it will be noted that either the indus- 
tries served had ceased to operate, or that other adequate transportation facili- 
ties, either by rail or truck, were available, and that serious public inconvenience 
would not result from the abandonment. 

The American decisions lay down that the mere fact that a branch line of 
railroad does not yield a profit from operation will not in every case justify its 
abandonment. 

2QQ 



300 



" The point at which abandonment shall be considered justifiable is a 
matter of sound judgment, and must be determined by the circumstances of 
each case." Abandonment of line by Southern Railway, 105 I.C.C.R 228, at 
p. 233. 

The issue as laid down by the Interstate Commerce Commission is whether 
or not the inconvenience occasioned by abandonment and the consequent losses 
to the public outweigh the burden that continued operation of the branch would 
impose upon the railway and upon interstate commerce. See Detroit, Toledo 
and Ironton R.R. Co. Abandonment, 187 I.C.C.R. 433, at p. 438. 

In Chicago, Milwaukee, St. Paul and Pacific R.R. Co. Abandonment, 184 
I.C.C.R. 687, at p. 692, the Commission said:— 

"A community unable to support a railroad cannot justly demand 
its continued operation at a loss in order to maintain the value of private 
property within that community. On the other hand, mere showing of 
unprofitable operation of a portion of a railroad system does not neces- 
sarily justify abandonment of that portion; but there is a point at which 
lack of earning power of part of a system justifies its abandonment with- 
out regard to the system operations as a whole. The transportation needs 
of a community or section must be weighed against the burden that the 
cost of rehabilitation, maintenance, and operation would impose upon 
commerce. The point at which abandonment shall be considered justifi- 
able is a matter of sound judgment, and must be determined by the cir- 
cumstances of each case." 

The application in the present case covers the line between the town of 
Kirkella on the Broadview Subdivision of the main line of the Canadian Pacific 
Railway and the town of McAuley on the Neudorf Subdivision, a distance of 
16-83 miles. 

The Neudorf Subdivision is part of the northerly line of the Canadian 
Pacific Railway now extending from Regina through Bulyea to Virden on the 
main line of the Canadian Pacific Railway, a point 47-23 miles west of Brandon. 
In 1903 this line connected with the main line at Kirkella, there being no line 
of railway between McAuley and Virden. The line between McAuley and 
Kirkella was completed in 1903. 

In 1910 the Canadian Pacific Railway Company commenced the construc- 
tion of a line from McAuley direct to Virden. This was completed about 1913. 

The present train service between Regina and Brandon via the northerly 
line is a tri-weekly service; Westbound, on Tuesday, Thursday and Saturday, 
and eastbound, on Monday, Wednesday and Friday. On Wednesday the east- 
bound train runs over the McAuley Subdivision, which is the line in question 
here, between Kirkella and McAuley, and from Kirkella to Virden over the 
main line. Westbound, on Thursday, it runs over the main line to Kirkella and 
thence to McAuley. The distance from McAuley to Virden via the McAuley 
Subdivision is 39-9 miles, while the distance via the Neudorf Subdivision is 
36-4 miles. In addition to the passenger trains above referred to, a way- 
freight is operated between Brandon and Neudorf via the McAuley Subdivision, 
westbound on Tuesday and eastbound on Friday. 

In its application the Canadian Pacific Railway Company says: — 

" The McAuley Subdivision has never produced a great deal of traffic 
and in late years even the small amount which did originate on the line 
has been steadily declining and has now reached the point where the 
officers of the company are of opinion that, especially in view of the fact 
that the territory is well served by other lines, it would be wasteful to 
continue operation." 



301 



Accompanying the application were statements showing the operating 
revenues and expenses during the three years from May 1, 1930, to the end 
of April, 1933. The revenues as shown by the statements filed are as follows: — 

1930- 31 $16,262 00 

1931- 32 8,587 00 

1932- 33 7,215 00 

or an average of $10,688 00 

Against this the company shows operating expenses as follows: — 

1930- 31 $ 5,260 00 

1931- 32. 3,186 00 

1932- 33 2,496 00 

In addition there is filed a statement showing the cost of maintenance of 
way and structures as follows: — 

1930- 31 $10,174 00 

1931- 32 : 9,218 00 

1932- 33 6,813 00 

In addition to the above, figures for maintenance of way and structures 
is added the sum of $4,737 yearly for superintendence, tolls and miscellaneous 
account, which is arrived at on a mileage basis for the Manitoba District. There 
is nothing in the figures to show what portion of this amount is for superin- 
tendence and what portion is for tolls and miscellaneous account, but I would 
assume that the bulk of the charge is for superintendence. So far as this figure 
is concerned, inasmuch as the only station on the Kirkella Subdivision is Manson, 
situate half way between Kirkella and McAuley, which is a flag station only, 
the elimination of this subdivision would not reduce the cost of superintendence 
by a single dollar, and for that reason I do not take it into consideration in 
arriving at the figures. 

Putting these figures together I find that in 1930-31 the receipts 

were $16,262 00 

Against this there were operating expenses $ 5,260 

And maintenance of way and structure 10,174 

Making together 15,434 00 

Or a surplus of $ 828 00 

In 1931-32 the receipts were $ 8,587 00 

Against this there were operating expenses $ 3,186 

And maintenance of way and structures 9,218 

Making together 12,404 00 

Showing a deficit of $ 3,817 00 

In 1932-33 the receipts were $ 7,215 00 

Against this there were operating expenses $ 2,496 

Maintenance of way and structures 6,813 

Making together 9,309 00 

Showing a deficit of $ 2,094 00 

The parties opposing the application pointed out on the hearing that the 
selection of the three years for which figures are given is unfair, inasmuch as 



302 

these were the three lean years when crops were poor and general conditions 
bad. They requested that the railway company furnish figures covering the 
revenues and expenses for a period of ten years. The company was unable to 
supply the figures for ten years as records were not available, but furnished 
figures for the period since Mav 1, 1926. The figures show that for the years 
1926-27, 1927-28, 1928-29, 1929-30, the average earnings per year were $20,505. 

The average cost of train operation during this period was $8,117, and 
the average cost of maintenance of way and structures excluding superintend- 
ence, etc., was $11,566, together making $19,683, or a surplus of $822. 

The figures of revenue from express for the first three years of the 1926- 
1930 period are not available as the records have been destroyed. Assuming 
they were as great in each of those years as they were in the last year, 1929-30, 
namely $1,349, there would be an addition to this surplus of over $4,000. 

I am not at all sure that the complete receipts which should be credited to 
Manson have been given. The figures for tickets seem rather small, and it is 
very properly suggested that as Manson is a flag-station, and a passenger can 
only buy from the conductor a ticket for a short distance, it may very well be 
that a larger amount should have been credited. There is another feature of the 
receipts upon which I am not very clear. I would suppose that credit should 
be given for through traffic which passed over the McAuley Subdivision, but 
apparently no such credit has been given. 

From an examination of all the figures it appears to me that considering 
present conditions, the company is not sustaining any appreciable loss in the 
operation of this subdivision. On the other hand, let us look at the situation 
which confronts the people of Manson and the farmers who make Manson their 
headquarters, in the event of this line being abandoned. When this line was 
built in 1903 there was no such a place as Manson, and apart from a few home- 
steaders the greater portion of the land in the vicinity of the line was owned 
by the Canadian Pacific Railway Company. This land has since been sold to 
farmers, who have been cultivating it and drawing their wheat for the most 
part to the elevators at Manson. 

The evidence given at the hearing shows that if the line were abandoned 
the farmers who in the past have been hauling their grain to the elevators at 
Manson will be obliged to haul it to some point on either the Broadview or Neu- 
dorf subdivisions, which will involve an additional haul of from one to six miles. 
For example, Mr. MacDonald, who lives about one and one-half miles south of 
Manson, says that he can make eight trips a day if he is pushed, and quite easily 
six, which would bring his deliveries to one cent a bushel or a trifle less, but that 
if he were compelled to haul to Fleming, which is on the Broadview subdivision, 
he could only make one trip a day, which would mean that it would cost him six 
cents a bushel to deliver in Fleming. 

The committee appointed by the residents of the district interested esti- 
mate that the extra haul will be an average of five additional miles, and that 
with an average crop of 125,000 bushels the cost of the extra haul on grain alone 
would amount to over $3,000. In addition to this there would be the extra cost 
and inconvenience in connection with the shipping of stock, hauling of coal, lum- 
ber, etc. Furthermore, the witnesses say that their market roads are built to 
Manson and in order to haul their grain to points on the Broadview and Neudorf 
subdivisions new roads would have to be built to these points which would cause 
a lot of extra expense to the people of the municipality who can ill afford to bear 
it at the present time. 

The population in the district tributary to Manson numbers 386. 

Let us now consider how the abandonment of this line will affect the village 
of Manson. This village is situate half way between Kirkella and McAuley. 
has a population of 85, with property of an assessed value of $26,500. There 



303 



are 14 residences in the village, two general stores, two blacksmith shops, three 
churches, a consolidated school, a skating rink, a post-office, two grain elevators 
and a coal-shed. 

One of the elevators and the coal-shed arc owned by the United Grain 
Growers. The elevator was built in 1911 and has been operated by that com- 
pany since 1917. It is thoroughly up to date, and has had a cleaner and air 
dump installed in recent years/ The total investment in this property is 
$16,661, and it is estimated that it will cost to tear it down, transport it to 
another point and rebuild it, about $8,800. 

The other elevator is owned by the Manson Co-Operative Elevator Asso- 
ciation consisting of 54 members. This elevator was established in 1928, and 
there is invested in the property $19,186. It has a capacity of 30,000 bushels, 
and is equipped with an Emerson 4-unit rotary disc cleaner and is in every 
respect thoroughlv up to date. It is estimated that it will cost to remove ft 
to some other point between $8,000 and $9,000. 

In connection with both elevators, no estimate is made of the loss of 
business connections which -would result from their removal to other locations. 

One of the stores is valued at between $2,500 and $3,000, and at the present 
time carries a stock of between $6,000 and $7,000. 

The abandonment of the railway would practically mean the end of Manson. 
The farmers would haul their wheat to other points and would naturally do 
their business at those points, and for all practical purposes the dwellings, 
school, etc., would be of -little value. 

Apart altogether from the inconvenience and financial loss that would be 
occasioned to the residents of Manson and the district tributary to Manson, 
there is a feature of this case which must be mentioned. I refer to the fact 
that the railway company making the application originally owned practically 
all the land in the district affected, and sold it to the people who are now 
opposing this application. The bulk of these sales were made between 1902 
and 1905. 

On the hearing a witness, Alex. MacDonald, filed a chart (Exhibit No. 8) 
showing the district tributary to Manson. The railway company was required 
to file, and did file, a detailed statement of the lands sold by it in the vicinity. 
I have had this list checked with the chart (Exhibit No. 8) and find that 
within this district the Canadian Pacific Railway Company sold 17,280 acres 
of land and, in addition, sold the Manson Townsitc. 

It can be argued with some force that these purchases were made on the 
implied representation by the company that the line in question would con- 
tinue to operate and that it would be entirely unfair to these purchasers to 
permit the company at the present time to abandon this line. 

When the line from McAuley to Virden was completed in 1913, a letter 
was written to the Board by the secretary-treasurer of Manson asking whether 
there was any truth in the rumour that the Canadian Pacific Railway Com- 
pany w r as contemplating the abandonment of its line from Kirkella to McAuley. 
The Board communicated the inquiry to the railway company which replied 
that " while we would certainly like to take up the line between Kirkella and 
McAuley no steps will be taken towards doing this until satisfactory arrange- 
ments are made with the people of Manson." If this condition were reasonable 
in 1913, it is certainly much more reasonable to-day. 

As late as 1928 the company permitted the Go-Operative Elevator Asso- 
ciation to spend over $19,000 on the construction of an elevator at Manson 
and in fact furnished the site upon which the elevator is built. 



304 



Taking all the facts into consideration I am of the opinion thai the appli- 
cation should, for the present at least, be refused. 

Respectfully submitted, 

C. P. FULLERTON, 
Ottawa, December 15, 1933. Chief Commissioner. 

Concurred in by the Assistant Chief Commissioner, the Deputy Chief Com- 
missioner and Commissioners Norris, Stoneman and Stone. 



ORDER No. 50628 

In the matter of the application oj the Canadian Pacific Railway Company, under 
Section 165A of the Railway Act (Chapter Ifl of the Statutes of Canada, 
23-24 George V), for approval of the abandonment of its McAidey Sub- 
division, Manitoba District (Kirkella to McAuley line), in the Province 
of Manitoba. File No. 4766.13 

Satcrday, the 16th day of December, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

F. N. Garceau, K.C., Deputy Chief Commissioner. 
Hon. T. C. Norris. Commissioner. 

J. A. Stoneman, C ominissioner . 

G. A. Stone, Commissioner. 

The evidence in this application having been heard at Virden, Manitoba, on 
October 16, 1933, by the Chairman of the Board, appointed under section 12 of 
the Railway Act, in the presence of counsel for the United Grain Growers, 
Limited, the municipality of Archie, residents of Manson and district, the Man- 
son Co-operative Elevator Association, and the applicant company, and what 
was alleged, the said Chairman having reported to the Board, and the said report 
having been adopted, — 

It is ordered: That the application be, and it is hereby, refused. 

C. P. FULLERTON, 

Chief Commissioner. 



Application of the Michigan Central R.R. Co. (New York Central R.R. Co. 
lessee), under Sections 51 and 257 of the Railway Act for a review of 
Order No. 33218, dated December 7, 1922, as amended by Order No. 
41518, dated October 5, 1928, for authority to substitute automatic bells 
and wigwag signals at Furnival Road, Rodney, Ont., for the existing cross- 
ing gates; and/ or, in the elvent of the gates being continued as at pres- 
ent, that the Municipalities of the Village of Rodney and the Township 
of Aldborough be ordered to pay the difference in the cost of operation and 
maintenance of said automatic bells and wigwag signals and the wore 
expensive and superfluous crossing gate protection. 

Case No. 4575. 

JUDGMENT 

McLean, Assistant Chief Commissioner: 

The Pere Marquette Railway Company also joins in this application, and 
the other applications which are dealt with separately. These are the appli- 
cations for Main street, Dutton, Graham street, West Lornc. and King street. 
Highga A -\ Ont. 



305 



Detailed statistical information was put in in connection with the various 
applications, and in addition there was general evidence. Counsel for the rail- 
way company stated that so far as it was concerned the general evidence 
would stand for all the cases before the Board affecting the crossings in ques- 
tion. As far as matters of traffic were concerned, and accident records, there 
were of course variations at the crossings; but it was set out that if the repre- 
sentative of the Municipalities had no objection, the railway company would 
have no repetition of the evidence tendered upon the Rodney application. This 
was acquiesced in by the representative of the municipalities. 

In the Rodney application the railway company was represented by Messrs. 
Kingsmill and Price, Mr. A. St. Clair Leitch appeared for the Village of Rodney 
and the Township of Aldborough, and Mr. E. C. Aurey for the Pere Marquette 
Railway Company. The application of the railway is dated May 18, 1933. 
In its letter of May 18, on file, the Michigan Central R.R. states that a 24-hour 
service is proposed. It also refers to the fact that the Pere Marquette approves 
of the changes proposed. 

On May 22 the Clerk of Rodney sent in a resolution opposing the removal 
of the gates. He claimed, the wigwag system would increase the hazard to 
human life and make it more dangerous for vehicles. He pointed out that the 
gates were situated on the county roads within the village, and that being so the 
village would not be entitled to contribute to the maintenance of same. 

The matter was spoken to at St. Thomas, October 11. The railway com- 
pany bases its application on three grounds: First, that experience has shown 
and is showing that the visual signal — the wigwag and bell — is more effective 
in the prevention of accidents than the old-time crossing gates. The company 
at the same time realizes that safety is the prime consideration, and it is 
anxious for safety. The second ground is that experience has shown in the past 
and is now showing that the visual sign is equally if not more efficient in actual 
operation than protection by crossing gates. The third ground is that of 
economy. It is set out that the wigwag and bell is a much more economical 
method of protection than the crossing gate. 

In Talbot street crossing, Essex (Case No. 588), 23 Board's Judgments and 
Orders, p. 235, and Queen street crossing, Tilbury (Case No. 4610), 23 Board's 
Judgments and Orders, p. 238, statistical information was given in regard to 
types of protection at present in use and the trends in connection therewith. 
Reference may be made to these. 

Mr. Hill, the Safety Agent of the N.Y.C.R.R. Lines, was on the stand in the 
Tilbury and the Essex case, and was also on the stand for the present case and 
examined by Mr. Price for the M.C.R.R. Mr. Hill referred in his evidence to 
the increase in the number of visual protective cases and the decrease in the 
use of gates. He referred to the experience on the New York Central and said 
that on the Michigan Central the proportion of the crossings having protection 
was about 75 per cent visual, that is to say, that out of the 714 crossings on the 
railway where there is some type of protection three-quarters have visual signals. 
The following is excerpted from the evidence, in which he was examined by 
Mr. Price (Vol. 608 Ev., p. 1238) : 

" Out of the total number of crossings protected by gates there was 
11 per cent, and they produced 30 of the accidents. If you want to 
bring it down to the Canadian Division, which is getting nearer, we have 
on the Canadian Division of the Michigan Central 150 crossings that 
have some type of protection. Of this number 90 per cent have visual 
protection and 9 per cent have gates. The 90 per cent of the crossings 
having visual protection produce one-seventh of the accidents. We have 
in Canada on the Michigan Central 9 per cent protected by gates, and 
they produced exactly the same number of accidents; in other words, 
on the Canadian Division of the Michigan Central Railroad the pro- 

72425—3 



306 



portion of crossings having protection as between gates and wigwags is 
1 to 7, and they produced identically the same number of accidents. 
We have seven times the number of crossings with wigwag protection as 
we have with gates, and they had exactly the same number of accidents." 

As bearing on the trends which witness said were to be seen in the records 
of protective devices, the following material may be referred to. It was not 
presented by the railway at the hearing, nor has this information been sub- 
mitted by the railway, but it appears to be useful as being a check on the 
figures submitted. Class 1 steam railways in the United States include those 
with over $1,000,000 of earnings in each case. This class embraces the great 
bulk of the railways, covering as it does 92 per cent of the mileage and 97 per 
cent of the earnings of the railways. 

In 1930 the Committee on Railroad Grade Crossings, Elimination and Pro- 
tection, submitted its report at the meeting of the Railroad Commissioners of the 
United States at Charleston, South Car. Commissioner McManamy, the Chair- 
man of the Committee in question, was at that time Chairman of the Inter- 
state Commerce Commission. The figures are given for five years ending 
December 31, 1929. Summarizing these by taking the first and last years, the 
following results are obtained: — 

Protection 

Gates, with or without other protection, operated 24 hours 

per diay 

Gates, with or without other protection, operated less than 

24 hours per day 

Watchmen alona, or with protection other than gates, on duty 

24 hours per day 

Watchmen alone, or with protection other than gates, on duty 

less than 24 hours per day 

Both audible and visible signals without other protection... 

Audible signals only 

Visible signals only 

This shows, in 1929, 5,466 crossings protected by gates as compared with 
6,320 in 1925. In 1925 there were 5,742 crossings protected by audible and 
visual signals as compared with 8,815 in 1929. In the period concerned, 1925-1931, 
signals have increased by 50 per cent, while gates have decreased by 20 per cent. 
It is manifest that the readjustments in connection with protection are related 
to the increase in automobile movements on the highways. 

The Proceedings of the Signal Section of the American Railway Ass., Vol. 
30, No. 1, deal with the papers presented at the 39th annual meeting of the 
association at New York, May 9-10, 1933. Table 23 gives the following sum- 
mary information for first-class railways: — 

Type of Protection 1930 1931 

Gates 5,007 4,902 

Watchmen 6,714 6,430 

Signal 18,566 19,720 

These figures are interesting as illustrating the trends both in the case of 
gates and signals. 

Furnival Road (through an error in typewriting this appeared as Furncoal) 
runs north and south through the village of Rodney, and the Michigan Central 
has three tracks crossing the street. The northerly track is for westbound 
traffic, the centre track for eastbound traffic, and the southerly track is a siding. 
There are gates on each side of the Michigan Central tracks. In the case of 
the Pere Marquette there is a main line track, also a siding, crossing the street, 
and there are two gates, one on each side. The distance between the lines of the 
Michigan Central and the main line of the Pere Marquette is approximately 
fifty yards. The gates are operated between the hours of 6 a.m. and 1 a.m. 
daily. It is proposed by the M.C.R.R. that if bell and wigwag are allowed it 



1925 


1929 


3,395 


3,168 


2,925 


2,288 


1,272 


1,258 


6,635 
5,742 
5,668 
1,604 


5,779 
8,815 
4,244 
4,638 



307 



should be for a twenty-four hour period. The cost of the wages and main- 
tenance of the gates at present in place is approximately $1,720 per annum. 
In general the gates cost, for maintenance and operation, approximately $2,000 
per annum, while the cost of maintenance and operation of bell and wigwag 
would be less than $200. 

Exhibit 5 filed by the M.C.R.R., covering the traffic from December 21, 
1932, to January 20, 1933, shows an average per day of 36 trains, 486 vehicles, 
and 588 pedestrians. Exhibit 6, also filed by the railway, covering the period 
from June 17 to July 1, 1933, shows an average per day of 37 trains, 916 vehicles, 
and 1,059 pedestrians. This is based on the figures from 6 a.m. to 1 a.m. 

In the evidence of witness Hill it was stated that a census had been made 
by the railway of a large number of crossings on the New York Central, and 
this in various instances ran to more than 5,000 motor vehicles in ten hours, 
to say nothing of pedestrian traffic. These crossings were protected by visual 
protection. The P.M. Ry. stated it was joining in the application for proposed 
bell and wigwag protection, and that it adopted the evidence of the M.C.R.R., 
subject to what had been said as to protection at most of these crossings. 

Mr. Gillis, reeve of Rodney, was examined by Mr. Leitch. He said the 
removal of the gates would create a dangerous situation. He referred to the 
view of the crossing being obscured by buildings, and stated that a wheat 
elevator was located between the two railways. Mr. Leitch, in summing up his 
position, said that he had very few observations to make, and he thought the 
facts had been pretty well elucidated and presented to the Board. The muni- 
cipalities took the position that they were content with the gates as they are at 
present, and while they were having just as much difficulty economizing as the 
railways, they were just as anxious as the railways to have anything that would 
be more economical than what existed at present; and he urged that the gates 
be allowed to remain in place. 

These remarks apply to the other cases later dealt with. 

Approaching the M.C.R.R. tracks from the north the view is obstructed in 
both directions by trees. The view in the northeast angle can easily be improved 
by the removal of some shrubs growing near the sidewalk, on railway property. 
The other trees do not obstruct the view to any extent, as it is possible to see 
under the branches. In the northwest angle the view is obstructed by trees on 
private property until one is forty feet from the track. 

Going on south the view of trains from the west on the Pere Marquette 
Railway is obstructed by a flour mill, and if there are cars standing on the flour 
mill siding one does not get a view of approaching trains until one is about 
nine feet from the crossing. The view of trains from the east is good. 

Approaching the crossings from the south the view of trains from the west 
on the Pere Marquette Railway is obstructed until one is about nine feet from 
the crossing, if there are cars on the siding, and the view of trains from the east 
on the main track is limited by the station until one is forty feet from the track. 

Going on north the view of trains from the west is limited by the flour mill 
until one is about fifty feet from the main track, and if there are cars on the 
siding the view is obstructed until one is only a few feet from the eastbound main 
track. The view of trains from the east on the Michigan Central Railroad is 
obstructed by an e^vator until one is about forty feet from the westbound main 
track, and when there are cars on the siding until one is about eighteen feet 
from the westbound track. 

I think that order should go providing for double bells and wigwags to be 
installed on both railways, in lieu of the gates, the cost of construction and main- 
tenance to be on the railway in each case. All shunting movements over the 
crossing, both on the Michigan Central and the Pere Marquette railways, to be 
flagged by one of the trainmen; and the Michigan Central Railroad Company 



72425— 3 1 



308 



to remove the shrubs along the sidewalk on its property at the northeast angle 
of the crossing. The exact location of the bells and wigwags will be taken care 
of by a provision requiring the railway companies to file detail plans showing 
the layout. 

December 4, 1933. 

Commissioners Norris and Stoneman concurred. 



ORDER No. 50626 

In the matter of the joint application of the Michigan Central Railroad Com- 
pany (New York Central Railroad Company lessee) and the Pere Mar- 
quette Railway Company, hereinafter called the "Applicant Companies," 
under Sections 51 and 257 of the Railway Act, for a review of Order No. 
33218, dated December 7, 1922, as amended by Order No. 41518, dated 
October 5, 1928, far authority to substitute automatic bells and wigwags 
at the crossing of Furnival Road, Rodney, Ontario, for the existing cross- 
ing gates; and/a)', in the event of the gates being continued as at present, 
that the Village of Rodney and the Township of Aldborough be ordered 
to pay the difference in the cost of operation and maintenance of the said 
automatic bells and wigwags and the mare expensive and superfluous 
crossing gates protection. 

Case No. 4575 

Friday, the 15th day of December, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 
Hon. T. C. Norris, Commissioner. 
J. A. Stoneman, Commissioner. 

Upon hearing the application at the sittings of the Board held at St. Thomas, 
October 11, 1933, in the presence of counsel for the applicant companies, the 
village of Rodney, and the township of Aldborough, and what was alleged, — 

ft is ordered: 

1. That leave be, and it is hereby, granted the applicant companies to install, 
in lieu of the gates required to be maintained under the said Orders Nos. 33218 
and 41518, double bells and wigwags on both railways at the crossing of Furnival 
road, in the village af Rodney and province of Ontario, in accordance with the 
Standard Specifications for Highway Crossing Signals, approved under General 
Order No. 468; detail plans showing the layout thereof to be submitted for the 
approval of an engineer of the Board. 

2. That the Michigan Central Railroad Company remove the shrubs along 
the sidewalk on its property at the northeast angle of the crossing. 

3. That any shunting movements over the said crossings be flagged by one 
of the trainmen. 

4. That the cost of installing and maintaining the said bells and wigwags 
on each railway be borne and paid by the applicant companies respectively. 

C. P. FULLERTON, 

Chief Commissioner. 



309 



Joint Application of the Michigan Central R.R. Co. (New York Central R.R. 
Co. lessee) and the Pere Marquette Ry. Co., under Sections 51 and 257 of 
the Railway Act, for a re- consideration of Order No. 89J/.2, dated Novem- 
ber 30, 1909, as amended by Order No. 26045, dated April 25, 1917; and, 
further, for authority to remove the crossing gates at King street, High- 
gate, Ont., installed under the said Orders, and to substitute automatic 
bells and wigwag signals in their stead; and/ or, in the event of the gates 
being retained, that the Municipality of the Township of Oxford be 
ordered to pay the difference in the cost of operation and maintenance 
of the said automatic bells and wigwag signals and the more expensive 
crossing gates protection. 

File No. 11617.1 

JUDGMENT 

McLean, Assistant Chief Commissioner: 

The Pere Marquette Ry. Co. appeared in this, as in the other cases, through 
its legal representative, Mr. E. C. Aurey. The same solicitors were present to 
represent the different parties as in the other cases. 

The M.C.R.R. has three lines, the northerly line being for westbound 
traffic, the middle one being the eastbound main line, and the south track being 
a switching track. 

Provincial Highway No. 3 is approximately 4 miles to the south, and runs 
in a parallel direction to the railway. Provincial Highway No. 2, which also 
runs in a parallel direction to the railway, is approximately 9 miles north of the 
village. The distance between the Michigan Central R.R. and the Pere Mar- 
quette Ry. is approximately 120 feet. 

Exhibit 5 filed by the M.C.R.R. for the period from June 17, 1933, to June 
30, 1933, for the full 24-hour period, shows a daily average of 29 trains, 211 
vehicles, and 85 pedestrians. 

Exhibit 4, for the same condition as to hours, for the period from December 
24, 1932, to January 23, 1933, shows a daily average of 29 trains, 166 vehicles, 
and 60 pedestrians. 

Exhibit 10 filed by Mr. Leitch for the village of Highgate, is stated to be 
a check of traffic prepared by the County roads organization, and is for the 
month of May, 1933. It shows a daily average of 38 trains, 211 vehicles, and 
134 pedestrians. It also shows a daily average of 45 school children. Mr. 
Attridge, Clerk of the village of Highgate, when the application was served by 
the railway company, forwarded on behalf of the village a resolution protesting 
against the removal of the gates. He emphasized the movement of children to 
and fro across the highway as being very important. Mr. Attridge was called 
at the hearing by Mr. Leitch, and he emphasized the submission already made. 

Appoaching the crossings from the north there is a good view of trains from 
both directions on the M.C.R.R. Going on south the view of trains from both 
directions is somewhat obstructed by buildings. These views are well shown 
on the plan dated August 4, 1933. Approaching the crossings from the south 
there is a good view of trains from both directions on the P.M.Ry. when there 
are no cars on the siding in the southeast angle. When there are cars on this 
siding the view is somewhat restricted until one is about 35 feet from the track. 
Going on north the view of trains on the M.C.R.R. from the west is obstructed 
by the stockyards until one is about 20 feet from the main track, and when 
there are cars on the siding until one is six feet from the track. Trains from 
the east are visible when one is 45 feet from the track, the view being restricted 
by buildings, and when there are cars on the siding this view is cut down to 20 
feet. The crossings are about one-half mile south of the village. 



310 



I think that an order should go for the installation of double bells and 
•wigwags in place of the gates, the cost of installation and maintenance to be 
'upon the railway company in each case. Any shunting movements over the 
crossing to be flagged by one of the trainmen. The exact location of the bells 
and wigwags to be taken care of by a provision requiring the railway companies 
to file detail plans showing the layout. 

December 4, 1933. 

Commissioners Norris and Stoneman concurred. 



ORDER No. 50625 

In the matter of the joint application of the Michigan Central Railroad Com- 
pany (New York Central Railroad Company lessee) and the Pere Mar- 
quette Railway Company, hereinafter called the " Applicant Companies/' 
under Sections 51 and 257 of the Railway Act, for reconsideration of Order 
No. 8942, dated November 30, 1909, as amended by Order No. 26045, 
dated April 25, 1917; and, further, for authority to remove the gates at 
the crossing of King Street, Highgate, Ontario, installed under the said 
Orders, and to substitute automatic bells and wigwag signals in their stead; 
and/or, in the event of the gates being retained, that the Township of 
Orford be ordered to pay the difference in the cost of operation and main- 
tenance of the said automatic bells and wigwag signals and the more 
expensive crossing gates protection. 

File No. 11617.1 

Friday, the 15th day of December, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 
Hon. T. C. Norris, Commissioner. 
J. A. Stoneman, Commissioner. 

Upon hearing the application at the sittings of the Board held at St. Thomas, 
October 11, 1933, in the presence of counsel for the applicant companies and the 
village of Highgate, and what was alleged, — 

It is ordered: 

1. That leave be, and it is hereby, granted the applicant companies to install, 
in lieu of the gates required to be maintained under the said Orders Nos. 8942 
and 26045, double bells and wigwags on both railways at the crossing of King 
street, in the village of Highgate and province of Ontario, in accordance with 
the Standard Specifications for Highway Crossing Signals approved under 
General Order No. 468; detail plans showing the layout thereof to be submitted 
for the approval of an engineer of the Board. 

2. That any shunting movements over the said crossing be flagged by one 
of the trainmen. 

3. That the cost of installing and maintaining the said bells and wigwags 
on each railway be borne and paid by the applicant companies respectively. 

C. P. FULLERTON, 

Chief Commissioner. 



311 



Application of the Michigan Central R.R. Co. (New York Central R.R. Co. 
lessee), under Sections 51 and 257 of the Railway Act, for the review of 
Orders Nos. 6424, dated February 25, 1909, and 33642, dated May 8, 1923; 
and, further, for an Order authorizing the Railway Company to remove 
crossing gates at Main Street, Dutton, installed under the said Orders, 
and to substitute automatic bells and wigwags in their stead; and/or, in 
the event of the Board ordering that gates be retained as the form of pro- 
tection at this crossing, that the Municipalities of the Village of Dutton 
and the Township of Dunwich be ordered to pay the difference m the cost 
of operation and maintenance of said automatic bells and wigwag signals 
and the more expensive crossing gates protection. 

Case No. 4576 

JUDGMENT 

McLean, Assistant Chief Commissioner: 

The Michigan Central Railroad Company and the Pere Marquette Railway 
Company join in this application. The parties were represented at the hearing 
by the same counsel as in the Rodney application. The village of Dutton and 
the township of Dunwich were served with copy of the application by the railway 
company on May 18, 1933. They were traced for answer on June 5. The village 
of Dutton wrote on June 8 submitting a resolution opposing the removal of the 
gates, and claimed that the present system was satisfactory. It referred to the 
students attending the public school and the high school. 

Main street, Dutton, is crossed by the Michigan Central eastbound and 
westbound lines. The Pere Marquette has a single line about 90 feet south of 
the Michigan Central. The Michigan Central Railroad has gates on the north 
and south sides of its own lines, and on the south side of the Pere Marquette 
line there is another gate. Provincial Highway No. 2 is approximately 9 miles 
north of the village of Dutton. Provincial Highway No. 3 is approximately 
4 miles south of the village. 

The gates at Dutton are operated from 6 o'clock in the morning until 10 
o'clock at night, with the exception of Saturday, when the gates are operated 
until midnight. 

Exhibit 4 filed by the M.C.R.R. gives a statement of traffic from December 
21, 1932, to January 19, 1933, from 6 o'clock in the morning until 10 o'clock in 
the evening, and shows an average per day of 29 trains, 458 vehicles, and 443 
pedestrians. 

Exhibit 5 shows, for the period from June 16 to June 30, 1933, a daily 
average of 25 trains, 655 vehicles, and 498 pedestrians. This is from 6 a.m. 
until 10 p.m. daily, except on Saturday, when it runs from 6 a.m. until 12 p.m. 

As pointed out, a resolution had been submitted by the village of Dutton. 
At the hearing Mr. Leitch, solicitor for the village, appeared with Mr. Arch. 
McCallum, reeve of the village. He emphasized the traffic of school children 
across these tracks as being important. 

Approaching the crossings from the south the only obstruction to the view is 
the Pere Marquette station in the southwest angle. There is a highway running 
nearly parallel to the railways on the south side, and it is possible to see approach- 
ing trains from behind the station. Approaching the crossing from the north 
the view of trains from the west is fair. There is a tree near the right of way, 
about 180 feet from the crossing, that should be removed. As to trains from 
the east, the view is somewhat obstructed by shrubs along the right of way fence, 
on the piece of land marked "Park." This land is owned by the M.C.R.R. 
These shrubs should be removed, and the low branches on the trees farther back 



312 



should be cut away. There are no sidings crossing the highway on which stand- 
ing cars might obstruct the view. 

Order, I think, should go providing for double bells and wigwags on both 
railways, in lieu of the gates, the expense of construction and maintenance to be 
on the railway company in each case. The M.C.R.R. should remove the shrubs 
along its right of way fence and cut away the lower branches on the trees on the 
piece of ground marked " Park," in the northeast angle of the crossing, shown on 
the plan. The exact location of the bells and wigwags to be taken care of by a 
provision requiring the railway companies to file detail plans showing the layout. 
The order should also provide that all shunting movements over the crossing be 
flagged by one of the trainmen, and that the installation be so arranged on the 
M.C.R.R. that the bells and wigwags may be cut out during shunting operations. 

December 4, 1933. 

Commissioners Norris and Stoneman concurred. 



ORDER No. 50627 

In the matter of the joint application of the Michigan Central Railroad Com- 
pany (New York Central Railroad Company lessee) and the Fere Mar- 
quette Railway Company, hereinafter called the "Applicant Companies," 
under Sections 51 and 257 of the Railway Act, for a review of Orders Nos. 
6424 and 33642, dated respectively February 25, 1909, and May 8, 1923; 
and, further, for an Order authorizing the Applicant Companies to remove 
the gates installed at the crossing of Main Street, Dutton, Ontario, under 
the said Orders, and to substitute automatic bells and wigwags m their 
stead; and/or, in the event of the Board ordering that gates be retained 
as the form of protection at the said crossing, that the village of Dutton 
and the Township of Dunwich be ordered to pay the difference in the cost 
of operation and maintenance of the said automatic bells and wigwag 
signals and the more expensive crossing gates protection. 

Case No. 4576 

Friday, the 15th day of December, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 
Hon. T. C. Norris, Commissioner. 
J. A. Stoneman, Commissioner. 

Upon hearing the application at the sittings of the Board held at St. Thomas, 
October 11, 1933, in the presence of counsel for the applicant companies, the 
village of Dutton, and the township of Dunwich, and what was alleged, — 

It is ordered: 

1. That leave be, and it is hereby, granted the applicant companies to install, 
in lieu of the gates required to be maintained by the said Orders Nos. 6424 and 
33642, double bells and wigwags on both railways at the crossing of Main street, 
Dutton, Ontario, in accordance with the Standard Specifications for Highway 
Crossing Signals approved under General Order No. 468; detail plans showing 
the layout thereof to be submitted for the approval of an engineer of the Board. 

2. That the Michigan Central Railroad Company remove the shrubs along 
the right of way fence and cut away the lower branches of the trees on the piece 
of land marked " Park," in the northeast angle of the crossing, shown on the 
plan dated May 30, 1933, on file with the Board under Case No. 4576. 



313 



3. That any shunting movements over the said crossing be flagged by one 
of the trainmen. 

4. That the installation on the Michigan Central Railroad be so arranged 
that the bells and wigwags may be cut out during shunting operations. 

5. That the cost of installing and maintaining the said bells and wigwags 
on each railway be borne and paid by the applicant companies respectively. 

C. P. FULLERTON, 

Chief Commissioner. 



Application of the Michigan Central R.R. Co. (New York Central R.R. Co. 
lessee), under Sections 51 and 257 of the Railway Act for a reconsidera- 
tion of Order No. 33621, dated May 2, 1923; and, further, for authority 
to remove the crossing gates at Graham Street, West Lome, installed, 
under the said Order, and to substitute automatic bells and wigwags in 
their stead; and/ or,- in the event of the gates being retained, that the 
Municipalities of the Village of West Lome and the Township of Aid- 
borough be ordered to pay the difference in the cost of operation and main- 
tenance of the said wigwag signals and the more expensive crossing gate 
protection. 

File No. 9415. 

JUDGMENT 

McLean, Assistant Chief Commissioner: 

This application includes the Michigan Central Railroad Company and the 
Pere Marquette Railway Company. Copy of the application was served on the 
municipalities on April 13, 1933, and forwarded to Mr. J. S. Robertson, clerk of 
the village of West Lome, and Mr. J. A. McRae, clerk of the township of Aid- 
borough. The same counsel appeared as in the other applications, Mr. J. S. 
Robertson also appearing for the village of West Lorne. 

On May 27, 1933, Mr. Robertson forwarded a submission for West Lorne 
which emphasized the traffic of school children going back and forth over the 
tracks, and saying that it would be dangerous to change the condition which 
had existed for such a long time through the use of gates. 

Graham street, West Lorne, is in the heart of the village, and is intersected 
at right angles by three sets of tracks of the M.C.R.R. and one set of tracks of 
the Pere Marquette Railway, the latter being about 95 feet to the south. Pro- 
vincial Highway No. 3 is approximately 3^ miles to the south of the village of 
West Lorne, and runs directly east and west. Provincial Highway No. 2 is 9 
miles to the north, also running in a direction parallel to the railway. 

Exhibit 5 covers the traffic for the period from December 21, 1932, to 
January 19, 1933, and shows a daily average of 36 trains, 289 vehicles, and 608 
pedestrians. The hours during which the gates are operated are from 6 a.m. 
until 10 p.m. daily, except Saturday, when they are operated until 12 p.m. 

Exhibit 6, under similar conditions as to hours of operation, for the period 
from June 17, 1933, to June 30, 1933, shows a daily average of 34 trains, 423 
vehicles, and 759 pedestrians. 

In addition to the written submission, Mr. Robertson, counsel for the village 
of West Lorne, called Mr. Petherick, reeve of West Lorne. The latter gave 
evidence with regard to the children crossing the tracks going to and from 
school. He referred also to the switching track at Graham Street crossing. 



314 



He said this was a source of danger. The following statement was made by 
him at p. 1286, Vol. 608, of the Evidence, in answer to a question by Mr. : 
Robertson: — 

" Q. Is there a switching track? — A. That is just at the Graham 
Street crossing, on the Michigan Central. Right up close on the north 
side there is one switch, and on the south side of track No. 2, the east- 
bound track, about 10 to 12 rods east of the crossing, there is another 
switch. Down on the Pere Marquette, right close to the Pere Marquette 
crossing, there is another switch. These trains come up and make what 
the railwaymen call a drop, but we laymen call it a kick. They will 
come up there to get rid of a car; they go up beyond the crossing and the 
engine and crew are west of the crossing. They cut off the engine and 
then scamper back out of the way. This happens every time in the 
morning between 8 and 9 o'clock, if the train is on time. If the school 
children come along at that time they walk right into a car. That is the 
worst trap of the whole thing." 

Approaching the M.C.R.R. tracks from the north the view of trains from 
the west is obstructed by trees on railway property until one is 30 feet from 
the eastbound track. Trains from the east can be seen when one is 33 feet from 
the westbound track. When there are cars on the siding the view is restricted 
to about 11 feet. As the cars on the siding would be about 350 feet from the 
crossing, the view referred to is restricted to 11 feet only when trains are east 
of the standing cars. Going on south the view of trains from both directions on 
the Pere Marquette Railway is good. Approaching the Pere Marquette tracks 
from the south there is a very good view of trains from both directions, and 
the same may be said of the M.C.R.R. tracks as one goes on north. In the north- 
west angle of the M.C.R.R. crossing there are a number of trees on the railway 
company's property, and the view in this angle can easily be cleared up by 
removing the trees. In the northeast angle the view can be cleared up and 
an easement for sight lines established, so that one can see a train 550 feet away 
when one is 70 feet from the crossing. 

I think that order may go authorizing the removal of the gates and the 
substitution of double bells and wigwags on both railways, the cost of installa- 
tion and maintenance to be on the railway company in each case. All shunting 
movements over the crossing to be flagged by one of the trainmen, and the 
installation to be so arranged on the M.C.R.R. that the bells and wigwags can 
be cut out during such operations. The M.C.R.R. should remove the trees 
obstructing the view on its property in the northwest angle of the crossing and 
establish a sight line in the northeast angle of the crossing, so that a train will 
be visible 700 feet away when one is 75 feet from the track. Detail plans show- 
ing the layout to be submitted for the approval of an engineer of the Board. 

December 4, 1933. 



Commissioners Norris and Stoneman concurred. 



315 



ORDER No. 50624 

In the matter of the joint application of the Michigan Central Railroad Com- 
pany (New York Central Railroad Company lessee) and the Pere Mar- 
quette Railway Company, hereinafter called the "Applicant Companies," 
under Sections 51 and 257 of the Railway Act, far reconsideration of Order 
No. 33621, dated May 2, 1923; and, further, for authority to remove the 
gates at the crossing of Graham Street, West Lome, Ontario, installed 
under the said Order, and to substitute automatic bells and wigwags in 
their stead; and/ or, in the event of the gates being retained, that the 
Village of West Lome and the Township of Aldborough be ordered to pay 
the difference in the cost of operation and maintenance of the said wigwag 
signals and the more expensive crossing gate protection. 

File No. 9415 

Friday, the 15th day of December, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 
Hon. T. C. Norris, Commissioner. 
J. A. Stoneman, Commissioner. 

Upon hearing the application at the sittings of the Board held at St. Thomas, 
October 11, 1933, in the presence of counsel for the applicant companies, the 
township of Aldborough, and the village of West Lome, and what was alleged, — 

It is ordered: 

1. That leave be, and it is hereby, granted the applicant companies to install, 
in lieu of the gates required to be maintained by the said Order No. 33621, double 
bells and wigwags on both railways at the crossing of Graham street, in the 
village of West Lorne and province of Ontario, in accordance with the Standard 
Specifications for Highway Crossing Signals, approved under General Order 
No. 468; detail plans showing the layout thereof to be submitted for the approval 
of an engineer of the Board. 

2. That the Michigan Central Railroad Company remove the trees obstruct- 
ing the view in the northwest angle of the crossing, and establish a sight line in 
the northeast angle, so that a train will be visible 700 feet away when one is 
75 feet from the track. 

3. That any shunting movements over the said crossing be flagged by one 
of the trainmen. 

4. That the installation on the Michigan Central Railroad be so arranged 
that the bells and wigwags may be cut out during shunting operations. 

5. That the cost of installing and maintaining the said bells and wigwags 
on each railway be borne and paid by the applicant companies respectively. 

C. P. FULLERTON, 

Chief Commissioner. 



316 



ORDER No. 50602 



In the matter of tariffs, and supplements to tari.ffs. filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.12 

Friday, the 8th day of December, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
G. A. Stone, Commissioner. 

The Board orders: 

1. That the tolls published in section 3 of Supplement No. 23 to Tariff 
C.R.C. No. E-4322, filed by the Canadian Pacific Railway Company under sec- 
tion 9 of the Maritime Freight Rates Act, be, and they are hereby, approved, 
subject to the provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said section 3 of Supplement No. 23 to Tariff C.R.C. No. E-4322 
approved herein, are as follows: — 



Canadian Pacific Railway 
From 



Rates in cents per 100 pounds 
Local Furtherance 



Fairville, N.B.. . 
South Bay, N.B.. 

Grand Bay, N.B. 



Westfield Beach, N.B. 
to 

Blagdon, N.B , 



Welsford, N.B.. 
Clarendon, N.B. 



Wirral, N.B. 
to 

Hoyt, N.B.. . 

Bailey, N.B.. 
to 

Tracy, N.B. 



Vespra, N.B. 
to 

Cork, N.B... 
Harvey, N.B. 



Prince William, N.B. 
Magaguadavic, N.B.. 

McAdam, N.B 

Bay Shore, N.B.. . . 



Rusagonis, N.B. 
Waasis, N.B.. . 



Doak, N.B 

to 

Fredericton, N.B.. 

Barber Dam, N.B. 
Lawrence, N.B.. . 



Watt, N.B. 



Honeydale, N.B. 
to 

Milltown, N.B.. 



Dumbarton, N.B. 
to 

Hewitt, N.B... . 



6 

n 



9i 



10£ 

11 

12 

12£ 
6 

ii 

12£ 
12 

12 



3i 

4i 

5h 



n 

8 
8 

6i 

n 

8 
8 



317 

Canadian Pacific Raiway Rate® in cents per 100 pounds 

From Locall Furtherance 

Brunswick, N.B 11 7£ 

Roix Road, N.B 

to \ 12 8 

Dougherty, N.B 



Chamcook, N.B 

to \ 12£ 

St. Andrews, N.B 



:) 



' '} 12 



Ripleys, N.B } 12 8 

} 



Gidden, N.B 

to \ 11 7| 

Dyers, N.B 

Bonney River, N.B 10£ 6J 

St. George, N.B 1 

to \ 9J 6 

Sherwood Siding, N.B.. J 

Pennfield, N.B * 9£ 5£ 

New River, N.B \ 

Lepreaux, N.B J 9 4 2 

Musquash, N.B 1 

Taylor's, N.B ..J "i 4 * 

AllanCot ' N - B ; ;; ;; ;; ;; ;; ;; ;; ;; ;;} q 3 * 



Spruce Lake, N.B 

Cottrell, N.B \ ,0, q 

Sugar Brook, N.B j 2 

14 n 



Deer Lake, N.B 

to 

Debec, N.B 

Woodstock, N.B 

to I- N 

Florenceville, N.B 

Bristol, N.B 

to [ 15| 

Andover, N.B 

Aroostook, N.B 

to \ m 12 

Andre Siding, N.B 

Martin, N.B .• 

to \ 17 12£ 

Green River, N.B 

St. Basil, N.B I 171 ... 

Edmundston, N.B J 17 2 ld * 

Elmwood, N.B 

to } 14; 10J 

McKenna, N.B 



J - 



Shewan, N.B 

to } 14 

Cahill, N.B 

Barton, N.B ] 

to } 13£ 9 

Stoneridge, N.B J 

Zeland, N.B 1 

to \ m 8 

Keswick, N.B J 

Clanfield, N.B \ 

Nashwaaksis, N.B ) 12 8 



318 



Canadian Pacific Railway 
From 

North Devon, N.B 

South Devon, N.B 

Caverhill, N.B 

to 

Otis, N.B 



Rates in cents per 100 pounds 
Local Furtherance 



Tobique Narrows, N.B. 
to 

Tinker, N.B 



Fredericton & Grand Lake Coal and Railway 
From 

Marysville Jet., N.B 



Barker, N.B. 
Scott, N.B.. . 



N.B. 



Lakorn, N.B. 
to 

Scale, N.B. . 



Minto, N.B 

Marysville, N.B 

New Brunswick Coal and Railway 
From 



Newcastle Bridge, N.B. 
to 

Cumberland Bay, N.B.. 



Young's Cove Road, N.B. 
to 

Scotch Settlement, N.B.. 



Belleisle, N.B. 
Norton, N.B.. 



11 
14 

m 
11 

12 

12} 

m 

14 
12 

14 

H| 
14 

n 



12 



n 

8 

8 



9i 

10£ 
11 

5i 



C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50603 

hi the matter of the application o the Canadian National Railways, hereinafter 
called the "Applicant "■ I r permission to cancel certain rates on sugar 
from Halifax and Dar ou'h, Nova Scotia, and Saint John, New Bruns- 
wick, upon less than sta uiory notice. 

File No. 27612.86 



Hon. C. P. Fu 
G. A. Stone, 



-\y, the 9th day of December, A.D. 1933. 
K.C., Chief Commissioner. 



sstoner. 



he °aid rates were issued to meet water competi- 
except to Bridgewater, Nova Scotia, does not 



Upon its appearing thn 
tion, and that such compete 
now exist, — 

It is ordered: That the applicants be, and they are hereby, permitted to 
cancel, upon three days' notice, rates on sugar now published in item 280-A of 
Supplement No. 20 to Tariff C.R.C. No. E-1984, with the exception of rates to 
Bridgewater, Nova Scotia. 

C. P. FULLERTON, 

Chief Commissioner. 



319 



ORDER No. 50604 

In the matter of the application of the Pere Marquette Railway Company, here- 
inafter called the u Applicant Company," for permission to cancel certain 
rates on automobiles from Walkerville, Ontario, to Montreal, Quebec, upon 
less than statutory notice. 

File No. 27612.88 
Saturday, the 9th day of December, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
G. A. Stone, Commissioner. 

Upon its appearing that the said rates were issued to meet water competi- 
tion, and that such competition no longer exists, — 

It is ordered: That the applicant company be, and it is hereby, permitted to 
cancel, upon three days' notice, rates on automobiles from Walkerville, Ontario, 
to Montreal, Quebec, now published in item 20 of Tariff C.R.C. No. 2870. 

C. P. FULLERTON, 

C hief C ommissioner. 



ORDER No. 50609 

In the matter of the application of the Canadian Pacific Railway Company, here- 
inafter called the " Applicant Company," for permission to cancel on less 
than statutory notice the rates to Beeton, Ontario, including collection and 
delivery service, now published in Tariff C.R.C. No. E-Ifi62. 

File No. 27612.87 

Saturday, the 9th day of December, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

Upon its appearing that the applicant company is unable to arrange collec- 
tion and delivery service at Beeton, Ontario, in connection with rates now pub- 
lished in the said Tariff C.R.C. No. E-4662; and upon the report and recom- 
mendation of the Assistant Chief Traffic Officer of the Board, — 

It is ordered: That the applicant company be, and it is hereby, permitted 
to cancel, upon three days' notice, the rates, including collection and delivery 
service, at Beeton, Ontario. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50608 

In the matter of the application of A. P. Hecker, Agent, Richmond, Virginia, for 
permission to file on less than statutory notice a special tariff of rates, 
including pick-up and delivery service. 

File No. 27612.89 
Tuesday, the 12th day of December, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

Upon its appearing that the Interstate Commerce Commission has, by its 
Special Permission No. 131480, of November 28, 1933, authorized the filing of 
the said tariff upon one day's notice, — 



320 



It is ordered: That the said A. P. Hecker be, and he is hereby, authorized 
to file, upon one day's notice, a special tariff on behalf of the Pere Marquette 
Railway Company and other railway companies in the United States, including 
pick-up and delivery service. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50612 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act; and Order No. 50014, dated June 21, 1933, 
approving the tolls published in items lift, 150, 260, 380, 1330, and 1370 
of Tariff C.R.C. No. E '-4632, filed by the Canadian Pacific Railway Com- 
pany. 

File No. 34822.12 

Tuesday, the 12th day of December, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

Upon its appearing that the wrong basis was used in determining the normal 
tolls to apply on traffic moving to Sorel, Quebec, under item 1370 of the said 
Tariff C.R.C. No. E-4632,— 

It is ordered: That the said Order No. 50014, dated June 21, 1933, be, and 
it is hereby, amended by striking out the figures " 27^ " and " 23 " opposite Sorel, 
Quebec, under the columns for 60,000 pounds and 80,000 pounds respectively, 
and substituting therefor the figures " 29 " and " 24-J " respectively. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50615 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.2 

Wednesday, the 13th day of December, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: That the tolls published in the following tariffs filed by 
the Canadian National Railways under section 3 of the Maritime Freight Rates 
Act be, and they are hereby, approved, subject to the provisions of subsection 3 
of section 3 of the said Act, namely: — 

Supplement 40 to Tariff C.R.C. No. E-1234. 
Supplement 41 to Tariff C.R.C. No. E-1234. 
Supplement 64 to Tariff C.R.C. No. E-1240. 
Supplement 46 to Tariff C.R.C. No. E-1244. 
Supplement 25 to Tariff C.R.C. No. E-1504. 
Supplement 13 to Tariff C.R.C. No. E-1829. 
Supplement 6 to Tariff C.R.C. No. E-1906. 
Supplement 1 to Tariff C.R.C. No. E-1920. 
Supplement 6 to Tariff C.R.C. No. E-2085. 

C. P. FULLERTON, 

Chief Commissioner. 



321 



ORDER No. 50616 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.12 

Wednesday, the 13th day of December, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published to Cap de la Madeleine and Trois Rivieres, 
Quebec, in Supplement No. 9 to Tariff' C.R.C. No. E-4304, filed by the Canadian 
Pacific Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and it is hereby, approved, subject to the provisions of subsection 3 of sec- 
tion 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said Supplement No. 9 to Tariff C.R.C. No. E-4304 approved herein, 
is 28 cents per 100 pounds. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50617 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822. 1 3 

Wednesday, the 13th day of December, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the tolls published in Tariff C.R.C. No. 904, filed by the Dominion 
Atlantic Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and they are hereby, approved, subject to the provisions of subsection 3 of 
section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said Tariff C.R.C. No. 904 approved herein, are as follows:— 

Rates in cents 

From per 100 pounds 

Lawrencetown. N.S . . 21A 

Middleton. N.S 20 

Kingston, N.S 19 

Aylesford. N.S 18 

Berwick, N.S . . 171 

Water ville, N.S 17 - 

Coldbrook, N.S . fU 

Kentville. N.S . . 15* 

Port Williams, N.S 14 

Wolf ville, N.S m 

Windsor, N.S 12i 

Centreville. N.S 16| 

Canning, N.S 17" 

Kingsport N.S m 

Lakeville. N.S . 17" 

Grafton, N.S 17* 

Weston, N.S 18" 



C. P. FULLERTON, 

Chief Commissioner. 



322 



ORDER No. 50618 

In the matter of tariffs, and supplements to tariffs, filed under the provision* of 
the Maritime Freight Rates Act. 

File No. 34822.13 

Thursday, the 14th day of December, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published in Tariff C.R.C. No. 902 filed by the Dominion 
Atlantic Railway Company under section 9 of the Maritime Freight Rates Act 
be, and it is hereby, approved, subject to the provisions of subsection 3 of the 
said section. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said Tariff C.R.C. No. 902 approved herein, is 24 cents per 100 pound- ; 
I V cents per 100 pounds to be deducted on account of water movement. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50619 

Ih the matter of tariffs, and supplements to tanffs, filed under the jrrorisions of 
the Maritime Freight Rates Act. 

File No. 34822.13 

Thursday, the 14th day of December, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

The Board orders: 

1. That the toll published in Tariff C.R.C. No. 903, filed by the Dominion 
Atlantic Railway Company under section 9 of the Maritime Freight Rates Act, 
be, and it is hereby, approved, subject to the provisions of subsection 3 of sec- 
tion 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said Tariff C.R.C. No. 903 approved herein, is $2.16 V per 100 pounds; 

cents per 100 pounds to be deducted on account of water movement. 

C. P. FULLERTON, 

Chief Commissioner. 



ORDER No. 50635 

In the matter of the application of the Detroit and Windsor Subicay Company 
and the Detroit and Canada Tunnel Company, hereinafter called the 
"Applicant Companies," for approval of Tariff C.R.C. No. 18 and Sup- 
plement No. 1 thereto, covering tolls to be charged in respect of the Detroit 
Tunnel, on file with the Board under file No. 35943.5. 

Tuesday, the 19th day of December, A.D. 1933. 

Hon. C. P. Fullerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 

Upon the report and recommendation of the Assistant Chief Traffic Officer 
of the Board, — 



323 



It is ordered: That the applicant companies' said Tariff C.R.C. No. 18 and 
Supplement No. 1 thereto, covering tolls to be charged in respect of the Detroit 
Tunnel, on file with the Board under file No. 35943.5, be, and they arc hereby, 
approved. 

C. P. FULLERTON, 

Chief Commissioner. 



GENERAL ORDER No. 523 

In the matter of the General Order of the Board No. 512, dated April 4, 1933, 
as amended by General Order No. 518, dated October 10, 1933, made upon 
the application of Shipping Containers, Limited, of Montreal, Quebec, 
granting leave to use, for shipping over railways in Canada, certain ship- 
ping containers prescribed in Interstate Commerce Commission regulations 
for the transportation of explosives and other dangerous articles by freight, 
filed by B. W. Dunn, Agent, under C .B.C. No. 2. 

File No. 1717.35 

Thursday, the 7th day of December, A.D. 1933. 

Hon. C. P. Ftjllerton, K.C., Chief Commissioner. 
S. J. McLean, Assistant Chief Commissioner. 
Hon. T. C. Norris, Commissioner. 
J. A. Stoneman, Commissioner. 

Upon the report and recommendation of the Assistant Chief Traffic Officer 
of the Board, — 

It is ordered: That the said General Order No. 512, dated April 4, 1933, be, 
and it is hereby, further amended by adding the words, " for the carriage of 
matches," after the word " construction " in paragraph 2 of the order. 

C. P. FULLERTON, 

Chief Com missioner, 



ACCIDENTS REPORTED TO THE OPERATING DEPARTMENT, 
BOARD OF RAILWAY COMMISSIONERS, FOR MONTH 
OF OCTOBER, 1933 

Railway accidents 186, with 13 killed and 182 injured 

Railway accidents at highway crossings 26, with 6 killed and 35 injured 

212 19 217 

Killed Injured 

Passengers 18 

Employees 2 149 

Others 17 50 



19 



217 



324 

DETAILS OF ACCIDENTS AT HIGHWAY CROSSINGS 

No. of Prince Edward Island 

accidents 

1 Automobile — Auto driver failed to stop for crossing. Licence PEI. 2-707. 

Nova Scotia 

1 Automobile — Auto driver failed to take precaution-', and to observe Stop signal. 
Licence N.S. 88025. 

1 Auto truck — Foggy weather, and poor lines of vision. Licence N.S. 12-451. 

Quebec 

3 Automobile — Auto driver failed to stop for crossing. Licenses, Que. 62901; Que. 
64889; N.Y. Y-53-26. 

3 Auto truck — Truck driver failed to stop for crossing. Licences, Que. F-11216; 
F-9701; F-754. 

Ontario 

3 Automobile — Auto driver failed to observe approaching train. Licences, Ont. 

2802-C; CH-706; N-7343. 
1 Automobile— Auto ran into side of train. Licence Ont. AE-227. 
1 Automobile — Auto driver attempted to beat train. Licence Ont. FJ-471. 
1 Automobile — Auto driver failed to hear or see train, or to heed crossing bell. 

Licence Ont. V-325. 

] Automobile — Auto driver claims he did not hear bell, nor see wig-wag. Licence 
Ont. B-4959. 

1 Automobile — Auto driver mistook Brakeman's signal to Engineer. Licence Ont. 
W-8981. 

1 Automobile — Licence Ont. U-1134. 

1 Auto and trailer — Auto driver failed to see cars, and stopped on crossing. Licence 
Sask. 65988. 

1 Pedestrain — Boy standing on crossing failed to notice approaching train. 

Saskatchewan 

1 Automobile — Auto driver failed to hear signal, poor visibility caused by storm. 
Licence Sask. 35347. 

Alberta 

1 Automobile — Auto ran into side of train. Licence Alberta 35-312. 
1 Automobile — Auto driver saw train and failed to take precautions. Licence Alta. 
11216. 

1 Automobile — Licence Alta. 47-007. 

1 Auto truck — Truck driver failed to see or hear train. Licence Alta. 15548. 

British Columbia 
1 Automobile — Excessive speed of automobile. Licence B.C. 31505. 

Of the twenty-six accidents at highway crossings, twenty-three occurred at 
unprotected crossings, and three at protected crossings. Seventeen of the 
accidents occurred during daylight hours and nine at night. 

Ottawa. December 19, 1933. 



QTfje j&oavn of 

Eatltoap Commtoioner£ for Canaba 



Judgments, Orders, Regulations, and Rulings 



Vol. XXIII Ottawa, January 15, 1934 No. 22 



This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscription, $3.00; single 
numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be made to the King's Printer, 
Ottawa, by postal money order, express order or accepted cheque. The use of currency for this purpose is 
contrary to the advice of the postal authorities and entails a measure of risk. Po'stage stamps, foreign money 
or uncertified cheques will not be accepted. No extra charge is made for postage on documents forwarded to 
points in Canada and in the United States, but cost of postage is added to the selling price when documents 
are mailed to other countries. Early application should be made for copies in quantities. Subscriptions 
should be sent, in every case, to the King's Printer, Ottawa. 



ORDER No. 50691 

In the matter of the application of A. P. Hecker, Agent for and on behalf of 
the Pere Marquette Railway Company and other railway companies, for 
permission to file, upon less than statutory notice, a supplement to Tariff 
C.R.C. No. 31, for the purpose of clarifying rides and to correct errors. 

File No. 27612.89 

Monday, the 8th day of January, A.D. 1934. 

S. J. McLean, Assistant Chief Commissioner. 
G. A. Stone, Commissioner. 

Upon its appearing that it is desirable that the clarification of rules and 
correction of errors be made effective as soon as possible, — 

The Board orders'- That the said Agent A. P. Hecker be, and he is hereby, 
permitted to file upon one day's notice a supplement to his Tariff C.R.C. No. 31, 
providing for the necessarv changes therein. 

S. J. McL^AN, 

Assistant Chief Commissioner. 



ORDER No. 50695 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.12 

Tuesday, the 9th day of January, A.D. 1934. 

S. J. McLean, Assistant Chief Commissioner. 
G. A. Stone, Commissioner. 

The Board orders'- 

1. That the toll published in item 27 of Supplement No. 55 to Tariff C.R.C. 
No. E-4312, filed by the Canadian Pacific Railway Company under section 9 
of the Maritime Freight Rates Act, be, and it is hereby, approved, subject to 
the provisions of subsection 3 of section 3. 



r3126 



325 



320 



2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said item 27 of Supplement No. 55 to Tariff C.R.C. No. E-4312 

approved herein, is 59^ cents per .100 pounds; 1£ cents per 100 pounds to be 
deducted account of water haul. 

S. J. McLEAN, 

Assistant Chief Commissioner, 



ORDER No. 50696 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
. the Maritime Freight Rates Act. 

File No. 34822.12 

Tuesday, the 9th day of January, A.D. 1934. 

S. J. McLean, Assistant Chief Commissioner. 
G. A. Stone, Commissioner. 

The Board orders: 

1. That the toll published in item 135 of Supplement No. 56 to Tariff C.R.C. 
No. E-4312, filed by the Canadian Pacific Railway Company under section 9 
of the Maritime Freight Rates Act, be, and it is hereby, approved, subject to the 
provisions of subsection 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal toll for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said item 135 of Supplement No. 56 to Tariff C.R.C. No. E-4312 
approved herein, is 44^ cents per 100 pounds. 

S. J. McLEAN, 

Assistant Chief Commissioner. 



ORDER No. 50700 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.2 

Wednesday, the 10th day of January, A.D. 1934. 

S. J. McLean, Assistant Chief Commissioner. 
G. A. Stone, Commissioner. 

The Board orders'- That the tolls published in the following tariffs filed by 
the Canadian National Railways under section 3 of the Maritime Freight Rates 
Act be, and they are hereby, approved, subject to the provisions of subsection 3 
of the said section 3, namely: — 

Supplement No. 74 to Tariff C.R.C. No. E-1235. 
Supplement No. 65 to Tariff C.R.C. No. E-1240. 
Supplement No. 46 to Tariff C.R.C, No. E-1244. 
Supplement No. 27 to Tariff C.R.C. No. E-1247. 
Supplement No. 8 to Tariff C.R.C. No. E-1835. 
Supplement No. 9 to Tariff C.R.C. No. E-1911. 
Supplement No. 2 to Tariff C.R.C. No. E-2070. 
Tariff C.R.C. No. E-2097. 

S. J. McLEAN, 
Assistant Chief Commissionci'. 



&{je Jloaro of / 

Eattamp Commissioner* for Canaba 



Judgments, Orders, Regulations, and Rulings 



Vol. XXIII Ottawa, February 1, 1934 No. 23 

This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscription, $3.00; single 
numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be made to the King's Printer, 
Ottawa, by postal money order, express order or accepted cheque. The use of currency for this purpose is 
contrary to the advice of the postal authorities and entails a measure of risk. Postage stamps, foreign money 
or uncertified cheques will not be accepted. No extra charge is made for postage on documents forwarded to 
points in Canada and in the United States, but cost of postage is added to the selling price when documents 
are mailed to other countries. Early application should be made for copies in quantities. Subscriptions 
should be sent, in every case, to the King's Printer, Ottawa. 



ORDER No. 50712 

In the matter of the application of the Canadian Pacific Railway Company, the 
Canadian National Telegraphs, and the Canadian Marconi Company, 
hereinafter called the " Appplicant Companies," for permission to file 
upon less than statutory notice revised rates for shore-to-ship code mes- 

Sages ' File No. 27612.90 

Monday, the 22nd day of January, A.D. 1934. 

S. J. McLean, Assistant Chief Commissioner. 
G. A. Stone, Commissioner. 

Upon its appearing that under an arrangement agreed to at the Madrid 
Conference a change was made in the charge for transatlantic messages in code, 
effective January 1, 1934, and its being desirable that a similar arrangement be 
made effective as soon as possible on messages between ship and shore, — 

The Board orders: That the applicant companies be, and they are hereby, 
permitted to file upon three days' notice schedules giving effect to the revised 
rates for code messages. 

S. J. McLEAN, 
Assistant Chief Commissioner. 



GENERAL ORDER No. 524 

In the matter of the General Order of the Board No. 289, dated March 24,. 1920, 
prescribing the rules to be adopted by railway companies subject to the 
jurisdiction of the Board relative to the inspection of locomotives and 
tenders. ^ T 

File No. 21351 

Thxtrsday, the 18th day of January, A.D. 1934. 

S. J. McLean, Assistant Chief Commissioner. 
G. A. Stone, Commissioner. 

Upon reading the submissions filed on behalf of the Railway Association 
of Canada, and the report and recommendation of the Chief Operating Officer 
of the Board, — 

73888-1 32 7 



328 



It is Ordered: That the said General Order No. 289, dated March 24, 1920, 
be, and it is hereby, amended by striking out the paragraphs in the rules under 
the heading of " Lateral Motion" and substituting the following, namely: — 

" Lateral Motion. — The total lateral motion or play between the 
hubs of the wheels and the boxes on any pair of wheels shall not exceed 
the following limits: — 



" For engine truck wheels (trucks with swing centres) 
For engine truck wheels (trucks with rigid centres) . . 

For trailing trucks (1 pair of wheels) 

For trailing trucks (2 pairs of wheels), leading wheels 

trailing wheels 

For driving wheels (more than 1 pair), not more than 

" These limits may be increased on locomotives operating on track 
where the curvature exceeds 20 degrees, when it can be shown that con- 
ditions require additional lateral motion." 



l 

2 

1 

a 

4 



inch 

inches 

inch 

inches 

inch 

inch 



s. j. McLean, 

Assistant Chief Commissioner. 



ftfje Jioaro of 

&atltoap Commfatftoner* for Canaba 

Judgments, Orders, Regulations, and Rulings 

Vol. XXIII Ottawa, February 15, 1934 No. 24 

This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscription, $3.00; single 
numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be made to the King's Printer, 
Ottawa, by postal money order, express order or accepted cheque. The use of currency for this purpose is 
contrary to the advice of the postal authorities and entails a measure of risk. Postage stamps, foreign money 
or uncertified cheques will not be accepted. No extra charge is made for postage on documents forwarded to 
points in Canada and in the United States, but cost of postage is added to the selling price when documents 
are mailed to other countries. Early application should be made for copies in quantities. Subscriptions 
should be sent, in every case, to the King's Printer, Ottawa. 



Application of the Municipal Council of the Parish of Notre Dame du Bon 
Conseil, County of Drummond, P.Q., for an Order of the Board declaring 
the private crossing at Mitchell in the County of Drummond, a public 
crossing, on the line of the Canadian National Railways. 

File 38625. 

Heard at Drummondville,. P.Q., November 28th, 1933. 



JUDGMENT 

Commissioner Stoneman : 



In this case the municipality made application to the Board, in a letter 
dated February 6, 1933, in terms of the following: — 

" Regular meeting of the Municipal Council of the Parish of Notre 
Dame du Bon Conseil, County of Drummond, held in the Council Cham- 
bers on the 6th day of February, 1933; 

" Having learned that the Canadian National Railways crossing at 
Mitchell is considered by the Board of Railway Commissioners for 
Canada as a private crossing, and considering that, the said crossing at 
Mitchell has been public for over twenty years, it is proposed by Coun- 
cillor Alphonse Boisvert, seconded by Georges Lauziere that application 
be made to the Board of Railway Commissioners to have the crossing 
so declared and thus be able to obtain the necessary signs for the pro- 
tection of the public. Adopted. 

" True Copv. 

"(Sgd.) ELPHEGE RENAUD, 

Se ere tary - Treasurer." 

The railway company's reply sent to the Board — a copy of which is said 
to have been sent to the municipality — consents to the application, provided 
all costs in connection with the construction and maintenance of the crossing- 
are borne by the municipality; they also enclose a plan similar to the plan 
filed at the hearing as Exhibit No. 2 and described as Intercolonial Railway, 

74660-1 oon 



330 



District No. 1, Mitchell dated April 4, 191G, and revised January 31, 1921. 
showing railway station yards, on which is indicated, by a red cross, the cross- 
ing which the municipality desire to have converted into a public crossing. The 
location of the surveyed roads in the vicinity are also shown, but no public 
crossing is shown at the point under discussion. 

In their reply the municipality object to the cost being placed upon them. 
An inspection was made by the Board's Engineer, who reported as follows: — 

" I recommend that the applicant municipality be authorized to 
construct and maintain, at its own expense, a grade level crossing across 
the tracks of the Canadian National Railways at a point 170 feet west of 
the station, at Mitchell, and as shown on plan dated January 31, 1921, 
filed with the Railway Company's answer." 

The report of the Division Engineer was forwarded to the municipality, 
and they replied objecting to an order going on the terms recommended, and 
the matter was finally brought to a hearing. 

At the hearing, the municipality submitted, in evidence, three points in 
support of their application and subsequent objection to having the cost of con- 
struction and maintenance placed on the municipality — 

1. There was a road providing a public way of communication prior to 

the construction of the railway: 

2. The railway have maintained this crossing at their expense for at least 

twenty years; 

3. The crossing has been used by the public for a great number of years. 

Mr. Marier, solicitor for the applicant, also filed a plan described as 
Official Plan of part of the Township of AVendover, County of Nicolet, dated 
Arthabaskaville, February 11, 1893, and deposited in the Department of Lands 
and Forests for the province of Quebec on March 1, 1893, showing the ranges, 
lots, parishes and lot lines of the township, and the location of the railway. 
The plan also shows an enlargement of the village, showing public highways, 
railways and sub-divisions, but no public crossing of the railway at the point 
in question. 

The railway admits that it has maintained this crossing for a great many 
years and that the public have used it, but contends it is senior at the point 
and filed plans described as Exhibits Nos. 2 and 6 in support of its contention. 
Exhibit No. 2; plan of the Intercolonial Railway, District No. 1, Mitchell, 
dated April 4, 1916, and revised January 31, 1921, of railway station yards, 
shows public roads, but none at the point where application is made for a 
crossing. Exhibit No. 6; plan of Drummond County Railway, dated Drum- 
mondville, August 4, 1888, shows the location from station 490 to the southwest 
branch of the Nicolet river. This is the plan deposited in accordance with the 
requirements of the Department of Public Works, Quebec, on August 14, 1888, in 
conformity with section 8 of the Revised Railway Act of Quebec, 1880. It 
shows the existing highways, lots, lines and property owners of the railway 
location, but no highway is shown at the point in question. 

The railway was originally constructed by the Drummond County Rail- 
way, a provincial incorporation, in 1887 or 1888. Its location plan filed in 
pursuance of the provisions of the Quebec Consolidated Act of 1880, shows 
the location of public highways crossing the railway, but not a public highway 
crossing at the point in question. 

None of the plans filed as Exhibits, i.e., Exhibits Nos. 2, 3, and 6, show a 
highway crossing at this point at the time the railway was constructed, nor 
was their any statutory reservation for road allowance, the effect of which would 
be to establish senior highway rights at the point of crossing. 



331 



In this case the necessity for a public crossing at the point in question is 
admitted, and the only question for determination is, who should maintain it. 
This depends solely on the question of seniority, and the question of seniority 
depends on whether there was a public highway crossing, or reservation for such 
crossing, at the point in question when the raliway was constructed. There is 
nothing produced by the applicant municipality in this case that could not be 
produced by parties making similar applications at numerous points on railway 
lines under the Board's jurisdiction. User of private crossings by the public 
for a number of years does not establish a highway. The approval of the Board 
is necessary. 

Town of Ford City v. G.T.R., 28 Can. Ry. Cases, 1. 

The following cases may be referred to as showing the practice with regard 
to the application of the junior and senior rule where private crossings, on the 
application of the municipality, are being converted into public crossings: — 

Village of Weston v. CP. and G.T.R. Cos. (Denison Avenue Crossing 

Case) 7 Can. Ry. Cases, 79; 
Town of St. Pierre v. G.T.R, Co. (Simplex Ave. Crossing Case) 13 

Can. Ry. Cases 1; 
City of Montreal v. C.P.R. Co., 18 Can. Ry. Cases 50; 
City of Lachine v. G.T.R., 18 Can. Ry. Cases 385. 

Order should go granting the application. 

There having been no public highway or reservation for a public highway 
at the point in controversy at the time the railway was constructed there should, 
in my view, be no departure in this case from the application of the junior and 
senior rule. The municipality being junior, the cost therefore, of construction 
and maintenance will be upon it. 

Ottawa, January 16, 1934. 

Commissioner Stone concurred. 

Deputy Chief Commissioner Garceau dissenting. 



Application of the Municipal Council of the Parish of Notre-Dame du Bon 
Conseil, County of Drummond, P.Q., for an Order of the Board declar- 
ing the private crossing at Mitchell, in the County of Drummond, P.Q., 
a public crossing; on the line of the Canadian National Railways. 

File No. 38625 

JUDGMENT 

Garceau, Deputy Chief Commissioner. 

This case was heard at Drummondville, on November 28, 1933. 
On February 6, 1933, the Board received the following application: — 

11 Having learnt that the Canadian National Railwavs crossing at 
Mitchell is considered by the Board of Railway Commissioners for 
Canada as a private crossing, and considering that the said crossing at 
Mitchell has been public for over twenty years, it is proposed by Coun- 
cillor Alphonse Boisvert, seconded by Georges Lauziere, that applica- 
tion be made to the Board of Railway Commissioners to have the cross- 
ing so declared and thus be able to obtain the necessary signs for the 
protection of the public. " 



332 



The railway, by its submission of March 10, 1933, had no objection to the 
demand, but asked that the cost of maintenance of this highway crossing be 
borne by the applicant; the applicant objected. 

The material facts in this case are not controverted except concerning 
the seniority of the highway or of the railway. I will deal later with this 
question of seniority. 

The plans, Exhibit No. 2 and the one filed by the railway with its sub- 
mission of March 10, 1933, show the location of the highway across the railway 
tracks. The dotted lines crossing the tracks between which can be read the word 
" roadway" indicate the location of the highway since at least 1898 up to this 
date. 

This highway across the railway was used by the public as a highway 
according to the definition of the Railway Act, since at least 1898 up to May, 
1932, without any protest from the railway; on the contrary, the railway 
always maintained and upkept that level crossing and at some time even 
equipped it with warning signs, cattle guards and return fences, and always 
kept it in proper repair. These facts, as I said before, are not controverted. 

To decide which party shall bear the maintenance of this highway crossing, 
it is necessary to expose the history of the railway. 

It was first the Drummond County Railway, incorporated in 1886 by the 
Quebec Statutes, chapter 81, under the provisions of the Quebec Railway Aci 
of 1880, chapter 43. 

By the Statute 62-63 Victoria, chapter 6, assented to on August 11, 1899, 
the Governor in Council was authorized to purchase from the Drummond 
County Railway Company and the latter was authorized to sell and convey to 
Her Majesty the whole of the railway and undertaking of the company, includ- 
ing its main and branch lines of railway and all buildings. 

On November 4, 1899, an Order in Council was passed, pursuant to the above 
cited Statute, recommending the purchase of the Drummond County Railway. 

By deed in private writing, on November 7, 1899, the Drummond County 
Railway Company sold to Her Majesty the whole of its undertaking and railway. 

The Drummond County Railway has since then been the property of the 
Dominion of Canada and has formed part of the Intercolonial Railway. 

By the Statute 9-10 George V, chapter 13, assented to on June 6, 1919, the 
Canadian National Railways Company came into existence. This statute is now 
chapter 172 of the Revised Statutes of Canada 1927. 

On January 20, 1923, the Governor in Council entrusted to the Canadian 
National Railways Company the management and operation of, among other 
lines, the Intercolonial Railway — Order in Council P. 115. 

As above stated, this railway has been operated first, under the authority 
of the provincial statutes and, since November 7, 1899, under the authority of 
the federal statutes. 

The Quebec Railway Act of 1880 enacts in section 48, chapter 43, that the 
railways shall keep in good state of repair all highway crossings. This disposi- 
tion reads as follows: — 

" Whenever any level crossing on any railway shall be out of repair, 
the chief officer of the Municipality or other local division having juris- 
diction over the highway so crossed, may serve a notice upon the com- 
pany in the usual manner, requiring the repairs to be forthwith made. . . . 
may make such repairs and may recover all costs, expenses and outlays 
in the premises by action against the company in any court of competent 
jurisdiction as money paid to the company's use." 

The Government Railways Act of 1886 which governed the Intercolonial 
Railway when it took possession of the Drummond County Railway had also 
similar dispositions as to the obligation of the railway for the maintenance of 
the highway crossing — Sections 16 and 19 of chapter 38, read as follows: — 



333 



" 16. Within six months after any lands have been taken for the use 

of the railway, the Minister shall erect and maintain on each side 

of the railway, fences, and also cattle guards at all public road 

crossings, suitable and sufficient to prevent cattle and animals from getting 
on the railway." 

" 19. At every road and farm crossing on the grade of the railway, 
the crossing shall be sufficiently fenced on both sides so as to allow of the 
safe passage of trains." 

The Government Railways Act of 1906 has similar dispositions also, in sec- 
tions 21, 22 ss. 2, 24 and 25:— 

"21. Signboards stretching across or projecting over the highway 
crossed at a level by any railway, shall be erected and kept up at each 
crossing at such height as to leave sixteen feet from the highway to the 
lower edge of the sign-board." 

" 22. SS. 2. The minister shall also, within the time aforesaid, (with- 
in six months) construct and thereafter maintain cattle-guards at all public 
road crossings, suitable and sufficient to prevent cattle and animals from 
getting on the railway." 

" 24. After the fences or guards have been duly made, and while they 
are maintained, no such liability shall accrue for any such damages, unless 
negligently or wilfully caused." 

" 25. At every road and farm crossing on the grade of the railway, 
the crossing shall be sufficiently fenced on both sides so as to allow of the 
safe passage of trains." 

We can conclude that Up to January, 1923, when the Intercolonial was 
handed to the administration of the Canadian National Railways, the railway 
was legally bound to keep that highway crossing at Mitchell in good state of 
repairs, and is still bound, unless exempted by a statute since then, Railway 
Act 1919, section 3. 

In 1907, the railway was diverted from its former direction at Mitchell 
Station, east of the highway crossing, and the old roadbed of the railway was 
turned into a public highway called " roadway " on the plan Exhibit No. 2, the 
highway crossing being the connecting link between the pre-existing highway 
on the north side of the track and the new highway or roadway, as aforesaid, 
on the old roadbed of the railway. 

In 1911, the applicant under proper authority passed a proces-verbal which 
was filed as Exhibit No. 5, reading in part as follows: — 

" .... The crossing on the Intercolonial Railway having always 
been maintained by that company will continue to be at the charge of the 
railway, as in the past." 
Sections 20', 21 and 22 of the Municipal Code of Quebec, read as follows: — 

" 20. Every railway company is obliged to construct and maintain 
fences, roads, bridges, ditches and water-courses on the properties pos- 
sessed or occupied by it in a municipality, and is subject like any other 
ratepayer to the provisions of the by-laws, proces-verbaux or other muni- 
cipal enactments passed to that effect, even if such work upon fences, 
roads, bridges, ditches and water-courses should not be of advantage to 
the company." 

" 21. Should such company neglect or refuse to perform the work for 
which it is liable under article 20; within the prescribed delay, it shall 
be liable for the damages occasioned by its neglect or refusal, and to a fine 
of twenty dollars for each day that such neglect or refusal continues." 

" 22. The provisions of articles 20 and 21 apply also to Federal and 
Provincial Government railways, whether such railways are operated by 
the government or by private parties." 

74660-2 



334 



These dispositions are within the authority of the province and are binding 
on the railway. 

The proees-verbal referred to has not been abrogated by the applicant. 

Has the Board, under the Railway Act of 1919, the authority to relieve the 
railway of these legal obligations? I respectfully submit that, even the disposi- 
tions of the Railway Act bind the Board to give effect to the laws relating to 
highways of the land through which the railway is passing. 

I have given much attention and study to this question, for it is a leading 
case, and a great number of highway crossings located along the line of the old 
Intercolonial Railway would be affected, if the contrary contention were upheld, 
and the public would be obliged to the maintenance of these crossings, when the 
highway could not prove its seniority, even though they are at present being 
maintained by the railway. 

Moreover, such a decision would be to the effect that the Quebec laws — 
Section 6 of the Civil Code and sections 20, 21 and 22 of the Municipal Code — 
are void, ultra vires of the authority of the province. 

I submit that, even if this were true, the Board has no authority to decide 
on the validity of those laws and is bound to act in its decisions according to 
the dispositions of these laws. 

When reading section 33 of the Railway Act, the words " special act " must 
comprehend the dispositions of the Quebec Statute of 1880, section 48 of Chapter 
43, and sections 20, 21 and 22 of the Quebec Municipal Code, and the Govern- 
ment Railways Acts of 1886 and 1906. Section 33 of the Railway Act reads as 
follows: — 

" 33. (1) The Board shall have full jurisdiction to inquire into, hear 
and determine any application by or on behalf of any party interested — 
"(a) complaining that any company, or person, has failed to do 
any act, matter or thing required to be done by this Act, or the 
Special Act, or by any regulation, order or direction made there- 
under 'by the Governor in Council, the Minister, the Board, or any 
inspecting engineer or other lawful authority, or that any company 
or person has done or is doing any act, matter or thing contrary to 
or in violation of this Act, or the Special Act, or any such regula- 
tion, order or direction; or 

(b) requesting the Board to make any order, or give any direc- 
tion, leave, sanction or approval, which by law it is authorized to 
make or give, or with respect to any matter, act or thing which by 
this Act, or the Special Act, is prohibited, sanctioned or required to 
be done. 

a (2) The Board may order and require any company or person to 
do forthwith, or within or at any specified time, and in any manner pre- 
scribed by the Board, so far as it is not inconsistent with this Act, any 
act, matter or thing which such company or person is or may be required 
to do under this Act, or the Special Act and may forbid the doing or con- 
tinuing of any act, matter or thing which is contrary to this Act, or the 
Special Act; and shall for the purposes of this Act have full jurisdiction 
to hear and determine all matters whether of law or of fact." 

The authority of the Board is within the Railway Act and the Special Act 
when referred to, but it cannot ignore any legal dispositions of the Act or of 
any Special Act. Section 39, subsection 2, says: — 

"(2) The Board may, except as otherwise expressly provided, order 
by whom, in what proportion, and when, the cost and expenses of pro- 
viding, constructing, reconstructing, altering, installing and executing 
such structures, equipment, works, renewals, or repairs, or of the super- 
vision, if any, or of the continued operation, use or maintenance thereof, 
or of otherwise complying with such order, shall be paid." 



335 



In the present instance, the obligations to do, the party to whom they are 
incumbent, are expressly and specifically provided by the Acts above referred 
to, and the Proces-Verbal, which is law. 

Moreover, it might be noted that the Proces-Verbal, when passed, in 1911, 
was in accordance with the Government Railways Act, then governing the Inter- 
colonial Railway. 

These different legal enactments above mentioned, the provincial statutes, 
the Government Railways Act, the Proces-Verbal, and the Municipal Code are 
servitudes imposed by law and, as a servitude is a dismemberment of property, 
it is safe to say that section 6 of the Quebec Civil Code applies, viz: — 

" The laws of Lower Canada govern the immovable property situate 
within its limits." 

Section 92 of the British North America Act gives exclusive authority to 
the provinces to legislate on property and civil rights in the province; and sub- 
section 8, on municipal institutions. 

I am well aware of the Canadian National Railways Act of 1919, as 
amended by chapter 13, 18-19 George V, section 16, but I contend that this 
statute has no retrospective effect and that the servitudes, obligations, imposed 
on the railway and existing before 1923 are still in force and binding on the 
railway, even if there were different enactments in the Canadian National Rail- 
ways Act; but there are none, and that the servitudes existing on the railway 
prior to 1923 cannot, in my opinion, be ignored by the Board. 

It being established that the highway, called " roadway " on Exhibit No. 2, 
crossing the railway, was used by the public since at least 1898 and maintained 
open to the public by the railway since that time at the location marked on; the 
plan, without any objection, up to May, 1932, it follows necessarily that, even 
if there were no statutory dispositions governing the highway crossing at 
Mitchell, there is the absolute proof of a valid dedication by the railway up to 
that time. I say " valid " because this railway was not under the jurisdiction 
of the Board prior to 1923, and any dedication made before that time was and 
is still valid, without permission from the Board. Moreover, as the public has 
been the constant user, has accepted the dedication, the seniority rule would not 
apply, even if there was absolute proof of seniority which, in my opinion, there 
is not. 

It is true that the plan filed under the requirements of the Quebec Railway 
Act does not show any highway at Mitchell, but the Quebec Act did not require 
the indications of roads, highways, on plans to be filed. If such plans can prove 
anything, they can prove only what the law required to be indicated on them 
and not the non-existence of things that the plans were not compelled to indicate. 

It is also true that there is a printed plan, Exhibit No. 3, but this plan, 
although it appeared to have been filed by the Applicant, was in reality filed 
by Mr. Darveau, as it appears by the record of proceedings at the hearing, 
p. 1401 (second line) : " I have another plan, which was filed, I think, as 
Exhibit No. 3." (Darveau.) 

To destroy this negative evidence, there are the positive declarations of 
Messrs. Joseph Beaulieu and Tarre Dube who affirm that a public road, used 
by the public, existed prior to the construction of the railway, at or near the 
location of the present highway crossing, indicated on Exhibit No. 2. 

This controverted evidence is not, in my opinion, proof of seniority because, 
it being admitted that the public was the undisputed possessor of the right of 
way for over 35 years, it appertained to the railway to prove absolutely the 
illegality of the possession of the Applicant. The axiom in law of " casus possid- 
entis semper melior est " applies. 

I may add: Plan Exhibit No. 2 shows that this highway crossing is to the 
advantage of the Railway because the public cannot reach the station without 
crossing either the siding or the main track. 

74C60-2* 



336 



My conclusions are that the railway is legally bound to the maintenance 
of this highway crossing at Mitchell, mileage 77.06, Chaudiere Subdivision, 
and that the Board has jurisdiction to uphold this legal obligation and to order 
the railway to maintain it, according to law and the regulations of the Board. 

I do not impugn the " seniority rule " which is sound and just, but I say 
that it does not apply when there are legal dispositions or agreements expressed 
or implied concerning highway crossings, such as in the present instance. 

I would, therefore, order the railway to maintain the highway crossing above 
mentioned, with all necessary appliances for the safety of the public and the 
protection of passengers and crew of trains passing over that crossing, with 
costs on the Canadian National Railways. 

January 16, 1934. 

Notes and Authorities 

Definitions. 

Special Act.— see Railway Act 1919, Sec. 2 (28). 

" (28) 1 Special Act/ when used with reference to a railway, means 
any Act under w T hich the company has authority to construct or operate 
a railway, or which is enacted with special reference to such railway, 
whether heretofore or hereafter passed, and includes: — 

"(a) all such Acts, 

" (b) with respect to the Grand Trunk Pacific Railway Company, 
the National Transcontinental Railway Act, and any amend- 
ments thereto, and any scheduled agreements therein referred 
to, and 

"(c) any letters patent, constituting a company's authority to con- 
struct or operate a railway granted under any Act, and the Act 
under which such letters patent were granted or confirmed." 

Roads— Elliott on— see Vol. 1, C.R.C., p. 331:— 

" The term highway is the generic name for all kinds of public ways, 

including county and township roads Although every public 

thoroughfare is a highway, it is not essential that every highway should 
be a thoroughfare, as it is now well settled that a cul de sac may be a 
highway " and " In order that a way be considered a public one, it is 
not necessary that it should be of such dimensions as to make it suitable 
for use by horsemen and vehicles, unless the statute so provides. When 

the statute declares what shall constitute a highway, it governs 

In the absence of a statute, a way may be public, although it is suitable 
for passage only by footmen." 

Dedication.— Hals., The Laws of England, Vol. 16, Part III, p. 33, Sections 
40, 41, 42, 43, 44, 46 & 47; 

" 40. A claim to a public right of way may be based either upon 
dedication and acceptance, or upon some statute. There is high auth- 
ority for saying that a highway may also be acquired by prescription 
but, even if this be so, it is unnecessary, and not the practice, to base a 
claim on such ground. 

" Rights of way which exist by virtue of some custom, e.g., a church- 
way, are not highways. 

"42. Dedication necessarily presupposes an intention to dedicate — 
there must be animus dedicandi. The intention may be openly expressed 
in words or writing, but, as a rule, it is a matter of inference ; and it is for 
a jury to say whether such intention is to be inferred from the evidence as 
to the acts and behaviour of the landowner when viewed in the light of all 
the surrounding circumstances. 



337 



" 43. Acceptance by the public requires no formal act of adoption by 
any persons or authority but is to be inferred from public user of the way 
in question. Even if an express intention to dedicate is proved, it is 
necessary to prove also that the way has been in fact thrown open to the 
public and used by them." 

" 44. An intention to dedicate land as a highway can only be inferred 
against a person who was at the material time in a position to make an 
effective dedication — that is, as a rule, a person who is absolute owner in 
fee simple and sui juris. When, however, a prima facie case is proved 
of an intention to dedicate, express or implied, it lies upon the defendant 
to show that the state of the title to the land is or was such as to render 
any such intention inoperative. 

" A mere right of pre-emption over adjoining land does not render 
dedication of such land impossible without the consent of the person hav- 
ing such right." 

Vol. 1, C.R.C., p. 327:— 

Township of Gloucester v. Canada Atlantic Railway Co. 

Vol. 2, C.R.C., p. 245:— * 

Grand Trunk Railway Co. v. Valliear. 

" Railway lands may be dedicated for public or other user so long 
as that user is not incompatible with the present and actual require- 
ments of the railway." 
Page 247:— 

" A railway company may grant an easement over the land as soon 
as they have become proprietors of the land. 

" This conclusion is in accord with United States Law in Elliott on 
Railways, sec. 1140, and Lehigh, etc., R W. Co. v. McFarlane, 43 N.J.L. 
605; Turner v. Fichley, 145 Mass. R. 438." 

I may add immediately that this Judgment was reversed in Appeal not on 
principle but on the fact that the railway was prevented by statutory disposi- 
tions even to sell; it follows that it could not grant: was not "sui juris," Vol. 
3, C.R.C., p. 399; this question was fully discussed and also the applications of 
previous statutes binding on the railway when the easement or servitudes 
began. 

Code Municipal Quebec: — 
Que. R.J.O., 7 B.R. 121; 

C.P.R. v. Corp. de Notre Dame; 
Que. R.J.O., 67 C.S. p. 150; 

Courtemanche vs. Henry ; 

p. 462: Tessier v. Drolet ; 
Que. R.J.O., 27 B.R., p. 226; 

Parent vs. Mendellsohn. 
55 C.S., p. 153: 

Bonnais vs. Champagne; 
65 C.S., p. 539: 

Begin vs. Provost. 

Definitions: — 

Funk & Wagnall— The Standard Dictionary— 
" Roadway ": a road; 

" Road ": a strip of land set aside for passage private or public, especi- 
ally of vehicles, specifically a highway: 
Webster — Encyclopedia — 
" Roadway ": a road; 

"Road": is generally applied to highways but has a broader sense, 
including highway, street, lane, etc. 



338 



Circumstances have in the past led the Board to depart from the application 
of the seniority rules. 
11, C.R.C., p. 165: 

Citv of Regina v. C.P.R. 
16, C.R.C., p. 250: 

Municipalities of Ste. Anne de Bellevue and Senneville v. G.T.R. and 
C P R 
16, C.R.C., p. 413: 

City of Medicine Hat v. C.P.R. 
18, C.R.C., p. 381: 

City of Winnipeg v. C.P.R. 
23 C R C p 89 * 

City of Port Arthur v. CP. and C.N.R. Cos. 
22, C.R.C., pp. 189 and 194; 
26, C.R.C., p. 246; 
36, C.R.C., pp. 357 and 364; 
29, C.R.C., p. 162; 
35, C.R.C., p. 158; 

40, C.R.C., p. 290 and following; where dedication, statutory dispositions 
are discussed. 

Other Authorities 

Section 274 of the Federal Railway Act, 1919, ss. (1) (c), and ss. (2) and 

(3). 

Interpretation of Statute, Chap. 1, R S.C. 1927, Sec. 19, ss. (6) 

"19. Where any Act or enactment is repealed; or where any regu- 
lation is revoked, . . . such repeal or revocation shall not, save as in 
this section otherwise provided .... 

"(b) affect the previous operation of any Act, enactment or regula- 
tion so repealed or revoked, or anything duly done or suffered there- 
under, or 

"■(c) affect any right, privilege, obligation or liability acquired, 
accrued, accruing or incurred under the Act, enactment or regulation so 
repealed or revoked." 

Section 20: 

" 20. Whenever any Act or enactment is repealed, and other provisions 
are substituted by way of amendment, revision or consolidation, 

"(a) all regulations, orders, ordinances, rules and by-laws made 
under the repealed Act or enactment shall continue good and valid, in so 
far as they are not inconsistent with the substituted Act or enactment, 
until they are annulled and others made in their stead; and 

" (b) any reference to any unrepealed Act, or in any rule, order or 
regulation made thereunder to such repealed Act or enactment, shall, as 
regards any subsequent transaction, matter or thing, be held and con- 
strued to 'be a reference to the provisions of the substituted Act or enact- 
ment relating to the same subject-matter as such repealed Act or enact- 
ment; and, if there is no provision in the substituted Act or enactment 
relating to the same subject-matter, the repealed Act or enactment shall 
stand good, and be read and construed as unrepealed so far only as is 
necessary to support, maintain or give effect to such unrepealed Act, or 
such rule, order or regulation made thereunder." 



Ottawa, January 16, 1934. 



339 



(Traduction) 

Requete du Conseil Municipal de la paroisse de Notre-Dame-du-Bon-Conseil, 
dans le Comte de Drummond, P.Q., pour une ordonnance declarant public 
le passage a niveau prive, a Mitchell, dans le comte de Drummond, sur la 
ligne des chemins de fer Nationaux du Canada. 

Dossier 38625 

Entendu a Drummondville, P.Q., le 28 novembre 1934. 

Le Commissaire Stoneman : — 

Dans cette cause, la municipalite, dans une lettre en date du 6 fevrier 1933, 
fit une demande a la Commission en les termes suivants: — 

H A une seance reguliere du Conseil Municipal de la paroisse de Notre- 
Dame-du-Bon Conseil, dans le comte de Drummond, tenue dans la salle du 
Conseil le 6 fevrier 1933; — 

u Vu que nous avons appris que la crossing du chemin de fer Canadien 
National est consideree comme chemin prive a Mitchell a la Commission 
des chemins de fer a Ottawa, et considerant que cette traverse de Mit- 
chell est publique depuis au clela de vingt ans, en sorte, 

" II est propose par M. le conseiller Alphonse Boisvert, appuye par le 
conseiller M. Georges Lauziere, que demande soit faite a ladite Commis- 
sion des chemins de fer de la considerer comme telle et pouvoir avoir des 
affiches voulues pour la protection du public. Adopte. 

" (Signe) ELPHEGE RENAUD, 

" Secretaire-Tresorier 

"Vraie copie." 

La compagnie du chemin de fer, dans sa reponse a ila Commission, — dont 
une copie appert avoir ete transmise a la municipalite, — consent a la demande 
pourvu que tous les frais de construction et d'entretien du passage soient a la 
charge de la municipalite; elle fait parvenir aussi a la Commission un plan sem- 
blable a celui qui fut produit a Taudition de la cause comme Exhibit N° 2 et 
designe sous le titre de Chemin de fer Intercolonial, district N° 1, Mitchell, date 
le 4 avril 1916, et revise le 31 janvier 1921, montrant les cours a la station de la 
compagnie, ou la municipalite desire, par la croix rouge indiquee sur le plan, 
que le passage soit converti en un passage public. Les endroits ou se sont faits 
les arpentages des routes dans le voisinage sont aussi indiques sur le plan, mais 
il ne se trouve pas indique de passage public a l'endroit qui fait l'objet de dis- 
cussion. 

La municipalite, dans sa reponse, s'oppose aux frais qu'on veut lui imposer. 
Une enquete fut faite par i'ingenieur de la Commission qui fait rapport comme 
suit: — 

"Je recommande que la municipalite requerante soit autorisee a cons- 
truire et a entretenir a ses frais un passage a niveau de voie publique a. 
travers la voie de la compagnie des chemins de fer Nationaux du Canada, 
a un endroit situe a 170 pieds a l'ouest de la station, a Mitchell, tel qu'in- 
dique sur le plan date le 31 janvier 1921 produit avec la reponse de la 
compagnie du chemin de fer." 

Le rapport de I'ingenieur divisionnaire fut envoye a la municipalite qui fit 
reponse quelle s'opposait a ce qu'une ordonnance soit rendue suivant la recom- 
mandation de l'ingenieur, et, finalement, rafYaire fut mise sur la liste des causes 
a etre entendues. 



340 



A Faudition de la cause, la municipalite soumit comme preuve trois points 
a l'appui de sa requete et des objections qu'elle a deja fait valoir relativement 
au cout de construction et d'entretien qu'on voulait lui imposer, a savoir: — 

1. Qu'avant la construction du chemin de fer il existait un chemin qui 
procurait un acces public; 

2: Que la compagnie du chemin de fer avait entretenu ce passage a ses frais 
pendant au moins vingt ans; 

3. Que le public s'est servi de ce passage depuis bien des annees. 

Monsieur Marier, procureur de la requerante, produisit aussi un plan connu 
et designe comme plan officiel d'une partie du Canton de Wendover, dans 
le comte de Nicolet, date Arthabaskaville, le 11 fevrier 1893, depose 
au ministere des Terres et Forets de la Province de Quebec le ler mars 1893, 
et montrant les rangs, lots, paroisses et lignes de division de ce Canton, ainsi 
que la voie du chemin de fer. Le plan montre aussi l'agrandissement du village, 
les routes publiques, les lignes de chemins de fer et subdivisions, mais il n'indi- 
que pas de passage public a travers la voie ferree a l'endroit en question. 

La compagnie du chemin de fer admet qu'elle a entretenu ce passage pen- 
dant un grand nombre d'annees, et que le public s'en est servi; mais elle soutient 
que sa ligne de chemin de fer est plus ancienne en date a l'endroit dont il s'agit, 
et produisit des plans, marques Exhibits No* 2 et 6, a l'appui de sa pretention. 

L'Exhibit N° 2 — plan du chemin de fer Intercolonial, District N° 1, Mit- 
chell, date le 4 avril 1916, et revise le 31 janvier 1921, sur lequel sont indiquees 
les cours de la compagnie du chemin de fer a la station, montre les routes publi- 
ques, mais non pas celle a l'endroit ou Ton demande l'etablissement du passage. 

L'Exhibit N° 6 — plan de la compagnie du chemin de fer du Comte de 
Drummond, date Drummondville, le 4 aout 1888, montre l'endroit a partir de la 
station 490 jusqu'a l'embranchement sud-ouest de la riviere Nicolet. Ce plan 
a ete depose le 14 aout 1888 au ministere des Travaux Publics, a Quebec, tel 
que requis en vertu de 1'article 8 de la Loi des chemins de fer revisee de Quebec 
de 1880. II montre les routes publiques qui y existent, les lots, les lignes de 
division et les terrains des proprietaries ou passe le chemin de fer, mais aucune 
route publique ne s'y trouve indiquee a l'endroit en question. 

La ligne de chemin de fer fut en premier lieu construite par la compagnie 
du chemin de fer du Comte de Drummond, et incorporee en 1887 ou 1888 par le 
statut provincial. Le plan du trace produit en vertu de l'Acte des chemins de 
fer de Quebec de 1880, montre les endroits des chemins publics croises par la 
voie ferree, mais ne montre pas de passage de voie publique a l'endroit dOnt il 
s'agit. 

Aucun des plans produits comme Exhibits 2, 3 et 6 ne montre un passage a. 
niveau de voie publique a cet endroit lorsque la ligne du chemin de fer a ete 
construite, non plus qu'il n'existe une clause statutaire permettant d'etablir un 
chemin public a travers une voie ferree qui aurait pour effet de creer des droits 
' d'anciennete, pour ce qui est des routes, a l'endroit du passage en question. 

Dans le cas qui nous occupe, la necessite d'etablir un passage de voie publi- 
que, a l'endroit dont il s'agit, est admise; mais reste la question de savoir qui 
doit Tentretenir. Tout depend de la question de seniorite et de la preuve eta- 
blissant qu'il existait un passage de chemin public a l'epoque de la construction 
du chemin de fer, ou une clause permettant l'etablissement d'un tel passage a 
l'endroit en question. La municipalite requerante n'a pas produit dans ce cas-ci 
aucune preuve de rexistence de ce passage comme auraient su le faire d'autres 
parties interessees pour des requetes semblables a celle-ci portant sur un nombre 
considerable d'endroits situes sur les lignes de chemins de fer relevant de la 



341 



juridiction de la Commission. Le fait que le public se sert de passages prives 
et qu'il s'en est servi pendant des annees, ne constitue pas Fetablissement de 
chemins publics. II faut que la Commission le decrete et Fordonne. 

Voir: Cause de la Cite de Ford vs G.T.R., rapportee a page 28, Vol. 
1, des Can. Ry. Cases. 

On peut referer aux causes suivantes comme jurisprudence suivie dans 
Fapplication de la regie d'anteriorite de posteriorite (senior and junior), alors 
que des passages prives ont ete convertis en passages publics a la demande de la 
municipality : — 

Cause du Village de Weston vs CP. et G.T.R. Cos. (passage de PA venue 

Denison), rapportee au Vol. 7, C.R.C., p. 79; 
Cause de la Ville de St-Pierre vs G.T.R. (passage de FA venue Simplex), 

13 C.R.C. 1; 

Cause de la Cite de Montreal vs C.P.R., 18 C.R.C. 50; 
Cause de la Cite de Lachine vs G.T.R., 18 C.R.C. 385. 

Une ordonnance devrait etre rendue accordant la requete. 

Attendu qu'il n'a pas existe de chemin public a Pepoque de la construction 
du chemin de fer a Fendroit qui fait Fobjet du present litige, non plus qu'on n'y 
trouve nulle clause permettant d'en etablir un, la Commission ne devrait pas, a 
mon avis, se departir de la regie "senior et junior" dans le cas actuel. La muni- 
cipalite etant posterieure en date au chemin de fer, par consequent, les frais de 
construction et d'entretien dudit passage devront etre a la charge de cette cor- 
poration municipale. 

Ottawa, le 16 janvier 1934. 

S'est rallie le Commissaire Stone. 

Le commissaire en chef suppleant dissident. 



Requete du Conseil Municipal de la paroisse de Notre-Dame-du-Bon-Conseil, 
comte de Drummond, P.Q., demandant que la traverse (a niveau) publi- 
que depuis au dela de vingt ans soit consideree comme telle et pourvue 
des affiches voulues pour la protection du public. 

Dossier N° 38625 

JUGEMENT 

Garceau, Commissaire en chef suppleant: — 

L'audition de cette cause a eu lieu a Drummondville le 28 novembre 1933. 

Le 6 fevrier 1933, la Commission des chemins de fer a regu la demande sui- 
vante: — 

" Vu que nous avons appris que la crossing du chemin de fer Cana- 
dien-National est consideree comme chemin prive h Mitchell a la Com- 
mission des chemins de fer a Ottawa, et considerant que cette traverse de 
Mitchell est publique depuis au dela de vingt ans en sorte. 

" II est propose par M. le Conseiller Alphonse Boisvert; appuye par 
le Conseiller M. Georges Lauziere, que. demande soit faite a ladite Com- 
mission des chemins de fer de la considerer comme telle et pouvoir avoir 
des affiches voulues pour la protection du public." 

Le chemin de fer, par sa reponse du 10 mars 1933, consent a cette demande 
mais a la condition que le cout de Pentretien de cette traverse a niveau serait aux 
frais de la Corporation requerante, y compris le cout des signaux indicateurs, ce 
cmi fut refuse. 



342 



La preuve des faits essentiels n'est aucunement contredite si ce n'est quant a 
ce qui concerne l'anciennete du chemin de fer ou du chemin public. Je toucherai 
a cette question de l'anciennete plus loin. 

Le plan, Exhibit N° 2, de merae que celui produit avec la reponse de mon- 
sieur Temple, avocat du chemin de fer, le 10 mars 1933, indiquent l'endroit ou 
le chemin public traverse la vole ferree. Les lignes pointillees traversant la voie 
ferree, entre lesquelles on lit le mot " roadway " indiquent l'endroit ou ce chemin 
public existe depuis au moins 1898 a date. 

Ce chemin croisant la voie ferree a ete frequente par le public et utilise 
comme voie publique, suivant la definition de la Loi des chemins de fer, depuis 
au moins 1898 jusqu'au mois de mai 1932, sans aucune objection du chemin de 
fer; bien au contraire,. le chemin de fer a toujours maintenu, repare cette traverse 
a niveau; durant un certain temps y a place des signaux indicateurs, des garde- 
bestiaux, des clotures et, toujours, l'a tenue en bon etat pour 1'usage du public. 
Ces faits, comme je l'ai dit deja, sont au dossier et ne sont pas contredits. 

Afin de decider qui devra payer le cout de 1'entretien de cette traverse a 
niveau, partie de la voie publique, du chemin de fer ou de la requerante, il est 
necessaire de connaitre les origines de ce chemin de fer. 

II fut bati par la compagnie Drummond County Railway, incorpore en 1886 
par le statut provincial, chap. 81, sous les dispositions de l'Acte des chemins de 
fer de Quebec de 1880, chap. 43. 

Le Statut Federal 62-63 Victoria, chap. 6, promulgue le 11 aout 1899, autori- 
sait le Gouverneur-en-Consedl d'aeheter l'actif du chemin de fer du Comte de 
Drummond et celui-ci de vendre au gouvernement. 

Le 4 novembre 1899, en conformite du statut precite, un Arrete-en-conseil 
fut passe recommandant l'achat du chemin de fer du Comte de Drummond. 

Par contrat sous seing prive, le 7 novembre 1899, le chemin de fer du Comte 
de Drummond vendait a Sa Majeste toute son entreprise et le chemin de fer. 

Depuis cette date, ce chemin de fer a toujours ete la propriete de la Puis- 
sance du Canada et est devenu partie integrante du chemin de fer Intercolonial. 

Le Statut 9-10 Georges V, chap. 13, promulgue le 6 juin 1919, crea la com- 
pagnie des chemins de fer Canadiens Nationaux. Ce Statut est reproduit au chap. 
172 des Statuts Revises du Canada 1927. 

Le 20 janvier 1923, le Gouverneur-en-conseil confiait a la compagnie des 
chemins de fer Canadiens Nationaux l'administration et rexploitation du chemin 
de fer Intercolonial — Arrete-en-conseil P. 115. 

Ce chemin de fer a done ete d'abord regi par PActe des chemins de fer de 
Quebec, et depuis le 7 novembre 1899, par l'Acte special regissant les chemins de 
fer du Gouvernement. 

L'Acte des chemins de fer de Quebec decrete a l'article 48 du chapitre 43 
des Statuts de 1880 que les chemins de fer devront pourvoir a 1'entretien et aux 
reparations des traverses a niveau faisant partie de la voie publique. L'article 
48 dit : — 

" Chaque fois qu'un passage a niveau sur un chemin de fer sera en 
mauvais ordre, le principal officier de la municipalite ou autre division 
locale ay ant juridiction sur le grand chemin ainsi traverse, pourra signifier 
en la maniere ordinaire, a la compagnie, un avis pour la requerir de faire 

de suite les reparations necessaires; et au cas de defaut de ce 

faire, l'autorite competente dans la municipalite ou autre division locale, 
dans la juridiction de laquelle le passage sera situe, pourra faire ces repa- 
rations, et elle pourra recouvrer les frais, depenses et debourses faits ou 
encourus a cet egard, par action contre la compagnie ; comme deniers de- 
bourses pour 1'usage de la compagnie; pourvu toujours, que ni la presente 
section, ni rien de ce qui sera fait sous son empire, n'aura 1'erYet de changer 
en aucune maniere la responsabilite de la compagnie a cet egard." 



343 



Le Statut de 1886, regissant les chemins de fer du Gouvernement, contenait 
des dispositions similaires et cet Acte gouvernait alors le chemin de fer Inter- 
colonial. Les articles 16 et 19 du chap. 38 des Statuts de 1886 se lisent comme 
suit: — 

" 16. Dans le cours des six mois qui suivront Impropriation de ter- 
rains pour l'usage du chemin de fer, le ministre devra faire 

faire et entretenir, de chaque cote du chemin de fer, des clotures 

aux traverses de fermes sur le chemin de fer, pour Tusage des propriet aires 
des terres adjacentes au chemin de fer, et aussi, a chaque croisement de 
route, des fosses, garde-bestiaux (cattle-guards) suffisantes pour empecher 
les bestiaux et autres animaux d'avoir acces au chemin de fer." 

" 19. A chaque chemin de traverse ou de ferme, sur le niveau du 
chemin de fer, le passage devra avoir, de chaque cote, d'assez bonnes clo- 
tures pour permettre que les trains passent en surete." 

Le Statut de 1906, regissant les chemins de fer du Gouvernement, avait aussi 
en substance les memes dispositions. Les articles 21, 22, par. 2, 24 et 25, du 
chap. 36 des Statuts Revises du Canada 1906, se lisent comme suit : — 

"21. Des ecriteaux doivent etre places et maintenus en travers ou en 
saillie de la grande route a chaque endroit ou elle est traversee de niveau 
par le chemin de fer, a une hauteur suffisante pour qu'il y ait seize pieds 
entre la grande route et le bord inferieur des ecriteaux." 

"22. ss. 2. Le ministre doit aussi, dans le delai susdit, construire et 
subsequemment entretenir a tous les croisements de routes, des fosses 
garde-bestiaux suffisantes pour empecher les bestiaux et autres animaux 
d'avoir acces au chemin de fer." 

"24. Apres que ces clotures ou fosses garde-bestiaux ont ete erigees 
ou faites, et tant qu'elles sont entretenues en bon ordre, Sa Majeste n'est 
pas responsible de semblables dommages, a moins qu'ils ne soient causes 
par negligence ou de propos delibere." 

"25. A chaque chemin de traverse et de ferme, sur le niveau du che- 
min de fer, <le passage doit avoir, de chaque cote, d'assez bonnes clotures 
pour permettre que les trains y passent en surete." 

II faut done conclure que jusqu'a j'anvier 1923, epoque a laquelle le che- 
min de fer Intercolonial passa sous radministration des chemins de fer Cana- 
diens Nationaux, ce chemin de fer etait legalement oblige au maintien et repa- 
rations des traverses a niveau faisant partie de la voie publique existant alors, 
Test encore, a moins d'avoir ete decharge de cette obligation par une loi edictee 
par l'autorite legislative competente. — L'Acte des chemins de fer 1919, article 3. 

En 1907, la voie ferree fut deplacee a Mitchell Station, a Test de la tra- 
verse a niveau et le lit de 'l'ancien chemin de fer devint un chemin public, appeile 
"roadway" sur l'exhibit N° 2, et sur le plan produit le 10 mars 1933. On cons- 
tate sur ce plan que le chemin public traversant la voie ferree est le trait d'union 
entre le chemin public anterieurement existant du cote nord de la voie ferree et 
le nouveau chemin etabli sur l'ancien lit du chemin de fer. 

En 1911, la corporation de Notre-Dame-du-Bon-Conseil, legalement autori- 
see a ce faire par Fautorite legislative competente, a fait, passe, un proces- verbal 
produit comme Exhibit N° 3, ou est declare, entre autres choses, ce qui suit: 

"La traverse du chemin de fer Intercoilonial ay ant toujours ete entre- 
tenue par 'la compagnie du chemin de fer, le sera encore, comme par le 
passe." 

Les articles 20, 21 et 22 du Code Municipal de Quebec se lisent comme suit: 
"Toute compagnie de chemin de fer doit faire et entretenir les clo- 
tures, chemins, ponts, fosses et cours d'eau sur les proprietes qu'elle pos- 
sede ou occupe dans une mimicipalite, et est sujette, comme tout autre 



344 



contribuable, a toutes les dispositions des reglements, proees-verbaux et 
autres ordonnances municipals passes a cette fin, quand meme tels tra- 
vaux pour clotures, chemins, ponts, fosses et cours d'eau ne seraient pas 
profitables a la compagnie." 

21. "A defaut de la part de telle compagnie d'executer les travaux 
auxquels eMe est tenue, en vertu de Particle 20, dans .le delai present, elle 
est passive des dommages occasionnes par.sa negligence ou son refus, et 
d'une amende de vingt piastres pour chaque jour que dure telle negligence 
ou tel refus." 

22. "Les dispositions des articles 20 et 21 s'appliquent aussi aux 
chemins de fer du gouvernement, provincial ou federal, exploited, soit par 
le gouvernement, soit par des particuliers." 

Ce proces-verbal mentionne plus haut a encore force de loi. 

La Commission des chemins cle fer, en vertu des dispositions de la Loi des 
chemins de fer de 1919 a-t-olie ;ie pouvoir de decharger le chemin de fer de ces 
obligations anterieurement imposees par l'autorite eompetente? Je soumets res- 
pectueusement que meme la Loi des chemins de fer impose a la Commission des 
chemins de fer l'obligation de faire respecter les lois de la Province a travers 
laquelle le chemin de fer est situe. 

J'ai etudie avee beaucoup d'atteniion cette cause parce qu r elle est line cause 
"type" et que des centaines de traverses a niveau, parties de la voie publique, au 
moms dans Quebec, le long du parcours de l'aneien chemin de fer Intercolonial, 
seront affectees si une decision contraire etait rendue et que le public serait 
oblige au maintient et a l'entretien de ces traverses, quand on ne pourrait etablir 
l'aneiennete de la voie publique, meme quand jusqu'a present ces traverses au- 
raient ete maintenues par le chemin de fer. 

Bien plus, une telle decision serait a l'effet que les lois passees par la Legis- 
lature de Quebec, Particle 6 du Code Civil et les articles 20, 21, 22, du Code 
Municipal, seraient nulles, ultra-vires, inconstitutionnelles, du moins quant a ce 
qui regarde les chemins de fer du Gouvernement du Canada. 

Je soumets que, meme si la chose etait vraie, la Commission des chemins de 
fer n'a aucune autorite pour decider de la validite de telles lois et est obligee de 
baser ses decisions sur les dispositions de ces lois. 

En lisant Particle 33 de la Loi des chemins de fer les mots "loi speciale" 
doivent comprendre les Statuts de Quebec cle 1880, l'Acte crincorporation de la 
compagnie du chemin de fer du Comte de Drummoncl, l'Acte des chemins de fer 
du Gouvernement de 1886 et de 1906, les. articles 20, 21 et 22 du Code munici- 
pal. L'article 33 de la Loi des chemins de fer se lit comme suit: 

"33. (1) La Commission a pleine juridiction pour instruire, entendre 
et juger toute requete presentee par une partie interessee ou en son nom: 

"(a) Se plaignant qiPune compagnie ou qu'une personne a nelige de 
faire une action ou une chose qu'elle etait tenue de faire par la 
presente loi, par la loi speciale ou par des reglements etablis, des 
ordonnances rendues ou des instructions donnees sous l'empire de 
1'une ou de 1 'autre loi par le gouverneur en son conseil, le minis- 
tre, la Commission, un ingenieur, inspecteur ou par une autre 
autorite legitime; ou qu'une compagnie ou une personne a fait 
ou fait une action ou une chose contrairement ou en contraven- 
tion a la presente loi, a la loi speciale ou a de tels reglements, 
ordonnances ou instructions; ou 

{b) Demandant a la Commission de rendre une ordonnance ou de 
donner des instructions, une permission, une sanction ou une 
approbation que la loi l'autorise a rendre ou a donner,^ ou rela- 
tivement k toute affaire, chose ou action qui par la presente loi 
par la loi speciale est defendue, autorisee ou exigee. 



345 



" (2) La Commission peut ordonner et prescrire a toute compagnie ou 
personne de faire immediatement, ou dans tel delai ou a telle epoque 
qu'elle fixe, et de telle maniere qu'elle prescrit, en tant qu'il n'y a rien 
d'incompatible avec la presente loi, tout action ou chose que cette compa- 
gnie ou personne est ou peut etre tenue de faire sous l'empire de la pre- 
sente loi ou de la loi speciale. La Commission peut aussi defendre l'ac- 
complissement ou la continuation de toute action ou chose eontraire a la 
presente loi ou a la loi speciale; et elle a, aux finsde la presente loi, pleine 
juridiction pour entendre et juger toute question tant de droit que de fait." 

La juridiction de 'la Commission est determinee par La Loi des chemins de 
fer et toute autre loi speciale qui s'y refere, mais la Commission ne peut ignorer, 
dans mon opinion, auicune des dispositions de 'la Loi des chemins de fer ou d'au- 
cune loi speciale. L'article 39 de la Loi des chemins de fer, au par. 2, dit: — 

"39. (2) La Commission peut, sauf dispositions contraires expresse- 
ment enoncees, ordonner par qui, dans quelle proportion et a quelle epoque 
doivent etre payes les frais et depenses qu'entrainent 'la fourniture, la 
construction, la reconstruction, la modification, 1'installation et ^execution 
de ces structures, equipememits, ouvrages, refection ou reparations, ou leur 
surveillance, s'il en est, ou leur maintien en service, leur usage ou leur 
entretien continu, ou le fait de se conformer d'autre maniere a cette 
ordonnance." 

Dans le cas actuel, la loi indique clairement l'obligation et par qui e'Ue doit 
etre remplie, par les statuts auxquels j'ai deja refere et le proces-verbal, lequel 
dans les circonstances est la loi. 

II est utile de remarquer que lorsque le proces-verbal a ete passe, en 1911, 
l'Acte des chemins de fer du Gouvernement avait des dispositions similaires a 
oelles edict ces par le proces-verbal, quant a ce qui concerne la voie publique tra- 
versant le chemin de fer, alors observees par le chemin de fer. 

Ces diverses dispositions legales contenues dans les Statuts provinciaux et 
federaux, 'le Code municipal de meme que le proces-verbal, ont cree des servitudes 
legales et, comme une servitude est un demembrement de la propriete, on peut 
conclure que l'article 6 du Code civil s'applique: — 

"Les lois du Bas-Canada regissent les biens immeubles qui y sont 
situes." 

L'article 92 de l'Acte de 1'Amerique Britannique du Nord donne juridiction 
exclusive aux provinces de legiferer Section 8, sur les institutions municipals de la 
province; Section 13, sur la propriete et sur les droits civils dans la province. 

Je n'ignore pas les dispositions de l'Acte des chemins de fer Canadiens 
Nationaux de 1919, tel qu'amende par chap. 13, 18-19 Geo. V, art. 16, mais je 
soumets que ce statut n'a pas d'effet retroactif et que les servitudes, obligations, 
anterieurement imposees sur le chemin de fer et existant avant 1923 existent 
encore et le chemin de fer est oblige de les respecter, meme si le statut plus haut 
cite avait des dispositions differentes, mais il n'en a pas. 

Je soumets aussi respectueusement que les servitudes imposees au chemin de 
fer avant 1923 ne peuvent etre ignorees par la Commission. 

Comme il est reconnu que le chemin public appele "roadway" sur l'Exhibit 
N° 2, traversant le chemin de fer, a servi au public depuis au moins 1898, a ete 
entretenu ouvert au publie par le chemin de fer depuis cette date, a Tendroit 
marque sur le plan, sans aucune objection jusqu'a mai 1932, il s'ensuit necessaire- 
ment que meme s'il n'y avait pas de dispositions statutaires ou legales statuant 



346 



SUE ce chemin public traversant la voie ferree a Mitchell, il y a la preuve com- 
plete d'une dedicace valide au public par le chemin de fer, (constitution d'une ser- 
vitude de passage). 

Je dis "valide" parce que ce chemin de fer jusqu'en 1923 n'etait pas soumis 
a la juridiction de la Commission des chemins de fer et toute dedicace faite avant 
cettc date etait et est encore valide meme sans la permission de la Commission 
des chemins de fer. Bien plus, comme le public s'est servi constamment de ce 
chemin, a aceepte cette dedicace par le chemin de fer, la regie de Tanciennete 
(seniority rule) ne pourrait avoir son application meme s'il y avait une preuve 
complete d'aneiennete laquelle, du moins dans mon opinion, n'existe pas. 

II est vrai que le plan produit d'apres les exigences de l'Acte des chemins de 
fer de Quebec me montre l'existence d'aucun chemin public a Mitchell, mais cet 
Acte.n'exige pas que les plans produits indiquent les chemins existants. Si ces 
plans peuvent prouver quelque chose, ils ne prouvent que ce que la loi leur 
requiert d'indiquer et non la non-existence de choses que ces plans ne sont pas 
tonus d'indiquer. 

II est aussi vrai qu'il y a un plan imprime, Exhibit N° 3, mais ce plan, bien 
qu'il apparais'se produit par la requerante, a ete reellement produit par M. Dar- 
veau, comme il appert de sa declaration lors de l'audition de la cause. On peut 
lire a page 1401 (deuxieme ligne) : "J'ai un autre plan qui a ete produit, je crois, 
comme Exhibit N° 3." — (Darveau). 

Pour annuler cette preuve negative, il y a les declarations positives de 
MM. Joseph Beaudieu et Tarre Dube qui declarent qu'il y avait la un chemin 
public utilise par le public, exist ant avant la construction du chemin de fer, a 
l'endroit ou pres rendroit ou existe presentement la traverse a niveau indiquee 
sur le plan Exhibit N° 2. 

Cette preuve contradictoire n'est pas, dans mon opinion, la preuve de Tan- 
ciennete du chemin de fer parce qu'il y a !l'admission au dossier que le public 
avait la jouissance et la possession de ce droit de passage sur le chemin de fer 
depuis au dela de 35 ans, et c 'etait au chemin de fer a prouver d'une maniere 
positive, absolue, 1'illegalite de la possession de la requerante. L'axiome "casus 
possidentis semper melior est" doit avoir son application ici. 

J'ajoute: le plan N° 2 montre que cette traverse est a l'avantage du cnemin 
de fer parce que sans ce chemin public traversant le chemin de fer, le public 
ne peut avoir acces a la gare sans traverser d'un cote la voie principale, de l'autre 
cote, une voie d'evitement du chemin de fer. 

Je conclus que le chemin de fer est lcgalement oblige a l'entretien de cette 
traverse a niveau a Mitchell, au mille 77.06, Subdivision Chaudiere, et que la 
Commission des chemins de fer a juridiction pour faire observer cette obligation 
legale et contraindre le chemin de fer a l'entretien de la traverse a niveau, suivant 
la loi et les reglements de la Commission. 

Je ne mets pas en doute la regie de l'anciennete (seniority rule) qui est juste 
et equitable, mais je soumets qu'elle ne peut pas s'appliquer quand il y a des 
dispositions legales ou des accords formels ou tacites qui regissent une traverse a 
niveau comme dans le cas present. 

En consequence, j 'ordonnerais au chemin de fer de tenir en bon etat de 
reparation cette partie de la voie publique traversant le chemin de fer ci-haut 
mentionne avec tous les accessoires necessaires pour la sauvegarde du public 
et la protection des passagers et des employes sur les convois passant sur cette 
traverse a niveau, avec depens contre les chemins de fer Canadiens Nationaux. 



Ottawa, le 16 janvier 1934. 



347 



Notes et autorites 

Definitions. 

Loi Speciale. — Voir l'Acte des chemins de fer de 1919, Art. 2 (18). 

" 18 " " loi speciale lorsque cette expression est employee relative- 
merit a un chemin de fer, signifie toute loi en vertu de laquelle la com- 
pagnie est autorisee a construire ou a exploiter un chemin de fer, ou qui 
est edictee specialement au sujet de ce chemin de fer, et qui a ete adoptee 
dans le passe ou qui le sera a l'avenir, et comprend — 

" (a) Toutes ces lois; 

" (b) quant a la " Grand Trunk Pacific Railway Company la Loi 
du chemin de fer National Transcontinental, et toute modification 
a cette loi, ainsi que les contra ts annexes auxquels cesdites lois 
referent; et 

" (c) les lettres patentes qui autorisent une compagnie a construire et 
a exploiter un chemin de fer et qui lui ont ete conferes sous Tem- 
pire d'une certaine loi, ainsi que la loi en vertu de laquelle s'est 
effectue 1 'octroi. ou la confirmation de ces lettres patentes." 

Roads— Elliott on Roads— See Vol. 1, C.R.C., p. 331: 

" The term highway is the generic name for all kinds of public ways, 
including county and township roads .... Although every public 
thoroughfare is a highway, it is not essential that every highway should 
be a thoroughfare, as it is now well settled that a cul-de-sac may be a 
highway " and " In order that a way may be considered a public one, it 
is not necessary that it should be of such dimensions as to make it suitable 
for use by horsemen and vehicles, unless the statute so provides. When 
the statute declares what shall constitute a highway, it governs ... In 
the absence of a statute, a way may be public, although it is suitable for 
passage only by footmen." 

Dedication — Hals., The Laws of England — Vol. 16, Part III, p. 33, Sections 
40, 41, 42, 43, 44, 46 and 47:— 

" 40. A claim to a public right of way may be based either upon 
dedication and acceptance, or upon some statute. There is high authority 
for saying that a highway may also be acquired by prescription; but, 
even if this be so, it is unnecessary, and not the practice, to base a claim 
on such ground. 

Rights of way which exist by virtue of some custom, e.g., a churchway, 
are not highways." 

" 42. Dedication necessarily presupposes an intention to dedicate — 
there must be animus dedieandi. The intention may be openly expressed 
in words or writing, but, as a rule, it is a matter of inference; and it is 
for a jury to say whether such intention is to be inferred from the 
evidence as to the acts and behaviour of the landowner when viewed in 
the light of all the surrounding circumstances." 

" 43- Acceptance by the public requires no formal act of adoption 
by any persons or authority but is to be inferred from public user of the 
way in question. Even if an express intention to dedicate is proved, it is 
necessary to prove also that the way has been in fact thrown open to 
the public and used by them." 

" 44. An intention to dedicate land as a highway can only be inferred 
against a person who was at the material time in a position to make an 
effective dedication — that is, as a rule, a person who is absolute owner 
in fee simple and sui juris. When, however, a prima facie case is proved 



348 



of an intention to dedicate, express or implied, it lies upon the defendant 
to show that the state of the title to the land is or was such as to render 
any such intention inoperative. 

" A mere right of pre-emption over adjoining land does not render 
dedication of such land impossible without the consent of the person having 
such right." 

Vol. 1, C.R.C., page 327:— 

Township of Gloucester vs. Canada Atlantic Railway Co. 

Vol. 2, C.R.C., page 245:— 

Grand Trunk Railway Co. vs. Valliear. 

" Railway lands may be dedicated for public or other user so long as 
that user is not incompatible with the present and actual requirements 
of the railway." 
P. 247:— 

" A railway company may grant an easement over the land as soon 
as they have become proprietors of the land. 

This conclusion is in accord with United States Law in Elliott on 
Railways, sec. 1140, and Lehigh, etc., R.W. Co. v. McFarlane, 43 N.J.L., 
605; Turner v. Fitchley, 145 Mass. R. 438." 

I may add immediately that this Judgment was reversed in Appeal not on 
principle but on the fact that the railway was prevented by statutory dispositions 
even to sell; it follows that it could not grant: was not " sui juris," Vol. 3, C.R.C., 
p. 399; this question was fully discussed and also the applications of previous 
statutes binding on the railway when the easement or servitudes began. 

Code Municipal de Quebec: — 

Que- R.J.O., 7 B.R. 121; 

C.P.R. vs. Corp. de Notre-Dame; 
Que. R.J.O., 67 C.S. p. 150; 

Courtemanche vs. Henry; 

p. 462: Tessier vs. Drolet; 
Que. R.J.O., 27 B.R., p. 226: 

Parent vs. Mendellsohn. 
55 C.S., p. 153: 

Bonnais vs. Champagne; 
65 C.S., p. 539: 

Begin vs. Provost. 

Definitions: 

Funk & Wagnell — The Standard Dictionary — 
" Roadway ": a road; 

"Road": a strip of land set aside for passage private or public, 
especially of vehicles, specifically a highway; 

Webster — Encyclopedia — 
" Roadway ": a road; 

"Road": is generally applied to highways but has a broader sense, 
including highway, street, lane, etc. 

Les circonstance'S ont dans le passe mis la Commission dans l'obligation de 
se departir de l'appueation de la regie de seniorite. 11, C.R.C., p. 165: Cite de 
Regina vs C.P.R. 



349 



16, C.R.C., p. 250: 

Municipalites de Ste-Anne de Bellevue et de Senneville vs G.T.R, et 

C.P.R. 

16, C.R.C., p. 413 Cite de Medecine Hat vs C.P.R. 

18, C.R.C., p. 381: Cite de Winnipeg vs C.P.R 

23, C.R.C., p. 89: Cite de Port-Arthur vs CP. et C.N. Rys. 

22, C.R.C., pp. 189 et 194; 

26, C.R.C., p. 236; 

36, C.R.C., pp. 357 et 364; 

29, C.R.C., p. 162; 

35,C.R.C.,p. 158; 

40, C.R.C., p. 290 et suivantes; ou la question de dedieace de meme que les 
dispositions de la loi sont l'objet de discussion. 

Autres autorites 

L'artiele 274 de la Loi federale des chemins de fer de 1919, paragraphes (1) 
(c) et (2) et (3). 

Le Statut ^'interpretation, Vol. 1, des Status Revises du Canada de 1927, 
Chap. 1, Art. 19, paragraphe (b) : 

"10. Lorsqu'une loi ou une disposition legislative est abrogee ou 
quand une regie est revoquee, alors, a moins que l'intention contraire ne 
soit manifeste, cette abrogation ou revocation ne pent, sauf s'il en est 
autrement prevu au present article, 

"(b) entraver I'execution anterieure d'une loi, d'une disposition legis- 
lative ou d'un reglement ainsi abroge ou revoque, ou une chose dument 
faite ou soufferte sous leur autorite; ni 

(c) porter atteinte a un droit, a un privilege, a une obligation ou a 
une responsabilte acquise, obtenue, a obtenir ou encourue sous l'autorite 
de la loi, de la disposition legislative ou du reglement ainsi abroge ou 
revoque." 

Article 20: 

"20. Lorsqu'une loi ou une disposition legislative est abrogee et que 
d'autres prescriptions y sont substituees par voie de modification, de revi- 
sion ou de codification, 

"(a) Tous reglement s, arretes, ordonnances, regies et statuts fails sous 
l'autorite de la loi ou de la disposition legislative abrogee, continuent 
d'etre en vigueur, en tant qu'ils ne sont pas incompatibles avec la loi ou 
la disposition legislative substitute, jusqu'a ce qu'ils soient annules et que 
d'autres soient faits pour les remplacer; et 

u (b) La mention d'une loi non abrogee ou, dans une regie ou un 
reglement edicte ou dans un arrete rendu sous son empire, la mention de 
cette loi ou de cette disposition legislative abrogee doit etre, relative-merit 
a toute operation, affaire ou chose subsequente, consideree et interpretee 
comme la mention des prescriptions de la loi ou de la disposition legisla- 
tive substitute se rapportant au meme objet que celui de la loi ou de la 
disposition legislative abrogee; et s'il n'y a clans la loi ou dans la dispo- 
sition legislative substitute aucune prescription qui se rapporte au meme 
objet, la loi ou la disposition legislative abrogee demeure executoire et se 
lit et s'interprete comme si l'abrogation n'en avait pas eu lieu, mais seule- 
ment en tant qu'il est necessaire pour appuyer, maintenir ou mettre a 
effet la loi non abrogee, ou la regie, 1 'arrete ou le reglement etabli sous 
son autorite." 



Ottawa, le 16 janvier 1934. 



350 



ORDER No. 50719 

In the matter of the application of the Municipal Council of the Parish of Notre 
Dame du Bon Conseil, in the County of Drummond and Province of 
Quebec, hereinafter called the "Applicant," under Section 257 of the 
Railway Act, for the approval of the crossing over the Canadian National 
Railways at Mitchell as a public highway crossing, at the point shown on 
the plan dated January 31. 1921, on file with the Board under file No\ 
38625. 

Monday, the 29th day of January, A.D. 1934. 

S. J. McLean, Asst. Chief Commissioner. 

F. N. Garceau, K.C., Deputy Chief Commissioner. 
J. A. Stoneman, Commissioner. 

G. A. Stone, Commissioner. 

Upon hearing the application at the sittings of the Board held at Drum- 
mondville, November 28, 1933, in the presence of counsel for the applicant and 
the railway company, and what was alleged; and upon the report and recom- 
mendation of the Division Engineer of the Board, concurred in by its Chief 
Engineer, — 

It is ordered: That the applicant be, and it is hereby, authorized, at its 
own expense, to construct and maintain a highway crossing over the Canadian 
National Railways at a point about 170 feet west of the station at Mitchell, in 
the county of Drummond and province of Quebec, as shown on the said plan on 
file with the Board under rile No. 38625, and in accordance with and subject to 
the Standard Regulations of the Board Affecting Highway Crossings. 

S. J. McLEAN, 

Assistant Chief Commissioner. 



ORDER No. 50731 

In the matter of the application of the Canadian Pacific Railway Company, 
hereinafter called the " Applicant Company," for permission to file upon 
less than statutory notice a supplement to Tariff C.R.C. No. E-4671, 
changing the rate on salt, from Windsor, Ontario, to Chatha7n, Ontario. 

File No. 27612.91 

Friday, the 26th day of January, A.D. 1934. 

S. J. McLean, Asst. Chief Commissioner. 
G. A. Stone, Commissioner. 

Upon its appearing that, in carrying forward in Supplement No. 6 to Tariff 
C.R.C. No. E-4671, a printer's error was made in showing a rate of 6 cents per 
100 pounds from Windsor, Ontario, to Chatham, Ontario, instead of the proper 
rate of 9 cents per 100 pounds; and its being advisable that the applicant com- 
pany be permitted to correct the error as soon as possible, — 

The Board orders: That the Applicant Company be, and it is hereby, per- 
mitted to publish and file a supplement to its Tariff C.R.C. No. E-4671 upon 
three days' notice, providing for a rate of 9 cents per 100 pounds on salt, in 
carloads, from Windsor, Ontario, to Chatham, Ontario. 

S. J. McLEAN, 

Assistant Chief Commissioner. 



351 



ORDER No, 50755 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.2 

Monday, the 5th day of February, A.D. 1934. 

S. J. McLean, Assistant Chief Commissioner. 
G. A. Stone, Commissioner. 

The Board orders: That the tolls published in the following tariffs published 
by the Canadian National Railways under section 3 of the Maritime Freight 
Rates Act be, and they are hereby, approved, subject to the provisions of sub- 
section 3 of section 3, namely: — 

Supplement No. 75 to Tariff C.R.C. No. E-1235. 
Supplement No. 76 to Tariff C.R.C. No. E-1235 
Supplement No. 77 to Tariff C.R.C. No. E-1235. 
Supplement No. 66 to Tariff C.R.C. No, E-1240. 
Supplement No, 67 to Tariff C.R.C. No. E-1240. 
Supplement No. 68 to Tariff C.R.C. No. E-1240. 
Supplement No. 28 to Tariff C.R.C. No. E-1247. 
Supplement No. 8 to Tariff C.R.C. No. E-1248. 
Supplement No. 26 to Tariff C.R.C. No. E-1504. 
Supplement No. 5 to Tariff C.R.C. No. E-1745. 
Supplement No. 26 to Tariff C.R.C. No. E-1804. 
Supplement No. 7 to Tariff C.R.C. No. E-1906. 
Supplement No. 5 to Tariff C.R.C. No. E-1974. 
Supplement No. 2 to Tariff C.R.C. No, E-2047. 
Supplement No. 3 to Tariff C.R.C. No. E-2070. 

S. J. McLEAN, 
Assistant Chief Commissioner. 



ACCIDENTS REPORTED TO THE OPERATING DEPARTMENT, 
BOARD OF RAILWAY COMMISSIONERS, FOR MONTH 
OF NOVEMBER, 1933 

Railway Accidents 163, with 12 persons killed and 163 injured 

Railway accidents at highwaj^ crossings 18, with 6 persons killed and 24 injured 

181 18 





187 


Killed 


Injured 


2 


15 


5 


124 


11 


48 


18 


187 



352 

DETAILS OF ACCIDENTS AT HIGHWAY CROSSINGS 
New Brunswick 

No. of 
Accidents 

1 Automobile — Auto ran into side of train. Licence N.B. F-5547. 

Quebec 

3 Automobile — Auto driver failed to stop for crossing. Licences, Que. H-2325; Que. 
BW-497; Ont. C-31620. 

2 Auto truck — Truck driver failed to stop lor crossing. Licences, Que. L-5093; 

F-12789. 

Ontario 

3 Automobile — Auto ran into side of train. Licences, Ont. M-4542; JW512; 

(1 licence number not given). 

1 Automobile — Auto driver failed to see or hear train, or attempted to beat train. 

Licence Ont. L-4802. 
1 Auto truck — Truck ran into side of train. Licence Ont. 23978-C. 
1 Auto truck — Truck driver failed to see or hear train. Licence Ont. 45986-0. 
1 Horse-drawn vehicle — Horses getting beyond control. 
1 Pedestrian — Suicide. 

Manitoba 

1 Automobile — Auto driver failed to observe train. licence Man. 3-300. 

Saskatchewan 

1 Automobile — Auto ran into side of train. Licence Sask. 49-153. 

1 Auto truck — Failure of truck driver to exercise proper care. Licence Sask. T-754. 

British Columbia 

1 Automobile — Failure of auto driver to see or hear train. Licence B.C. 275. 

Of the 18 accidents at highway crossings, 2 occurred at Protected Crossings, 
and 16 at Unprotected Crossings. Ten of the accidents occurred during daylight 
hours and 8 at night. 



Ottawa, January 26, 1934. 



«£3 >f 



&he poaro of 

Jkatltoap Commissioner* for Canaba 



Judgments, Orders, Regulations, and Rulings 



Vol. XXIII Ottawa, March 1, 1934 No. 25 



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ORDER No. 50784 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.2 

Tuesday, the 20th day of February, A.D. 1934. 

S. J. McLeax, Assistant Chief Commissioner. 
G. A. Stone, Commissioner. 

The Board orders: That the tolls published in the following tariffs filed by 
the Canadian National Railways under section 3 of the Maritime Freight Rates 
Act be, and they are hereby, approved, subject to the provisions of subsection 3 
of the said section 3, namely: — 

Supplement 9 to Tariff C.R.C, No. E-1231. 
Supplement 42 to Tariff C.R.C. No. E-1234. 
Supplement 78 to Tariff C.R.C. No. E-1235. 
Supplement 69 to Tariff C.R.C. No. E-1240. 
Supplement 70 to Tariff C.R.C. No. E-1240. 
Supplement 22 to Tariff C.R.C. No. E-1253. 
Supplement 17 to Tariff C.R.C. No. E-1256. 
Supplement 6 to Tariff C.R.C. No. E-1745. 
Supplement 27 to Tariff C.R.C, No. E-1804. 



75799 



S. J. McLEAN, 
Assistant Chief Commissioner. 

353 



354 

Re Demurrage Penalties assessed by the Canadian Car Demurrage Bureau under 

General Orders 201 and 349. 

File No. 1700.338 

The following tables present in summarized form the reports of the Cana- 
dian Car Demurrage Bureau covering car demurrage charges assessed for the 
year 1933. 

Xote. — First two days over free time $1 per day; three days or more, $5 
per day. 

EASTERN CANADA 















Number 




Number 








Number 




Number 




held 




held 




Montn — 1\)66 


Total 


released 


Percent 


held 




under 


Percent 


3 days 


Percent 


cars 


within 


over 


Percent 


3 days 


or more 




handled 


free 




free 




over 




over 








time 




time 




free 




free 
















time 




time 




January 


88,749 


85,403 


96-23 


3.346 


3-77 


2.809 


317 


537 


•60 




94,424 


90,987 


96-36 


3,437 


3-64 


2,951 


313 


486 


•51 


March 


108,957 


104,675 


96 07 


4,282 


3-93 


3,544 


3-25 


738 


•68 


April 


93,845 


90,879 


96-84 


2,966 


316 


2,487 


2-65 


479 


•51 


May 


107,765 


103,594 


96-13 


4,171 


3-87 


3,411 


316 


760 


•71 


June 


106,097 


102,394 


96-51 


3,703 


3-49 


3,121 


2-94 


582 


•55 


July 


112,264 


108,234 


96-41 


4.030 


3-59 


3,319 


2-96 


711 


•63 


August 


120,780 


116,529 


96-48 


4,251 


3-52 


3,653 


302 


598 


•50 


September 


134,030 


129,620 


96-71 


4,410 


3-29 


3,801 


2-84 


609 


•45 


October 


143,361 


138,745 


96-78 


4,616 


3-22 


3.930 


2-74 


686 


•48 


November 


145,222 


140,023 


96-42 


5,199 


3-58 


4,391 


3 02 


808 


•56 




122,238 


116,823 


95-57 


5,415 


4-43 


4,419 


3-62 


996 


•81 


Total 


1,377,732 


1,327, £06 




49,826 




41,836 




7,990 














Monthly 




















Average 


114,811 


110,659 


96-38 


4,152 


3-62 


3,4S6 


304 


666 


•58 


WESTERN CANADA 


Januarv 


64,052 


61,887 


96-62 


2,165 


3-38 


1,921 


300 


244 


•38 


Februarv 


62,747 


60,708 


96-75 


2.039 


3-25 


1.843 


2-94 


196 


•31 


March 


69.486 


67,707 


97-44 


1,779 


2-56 


1 . 577 


2-27 


202 


•29 


April 


50,809 


49,823 


98 06 


986 


1-94 


907 


1-78 


79 


•16 


May 


56,576 


55.518 


9813 


1.058 


1-87 


973 


1 72 


85 


•15 


June 


67,349 


66,191 


98-28 


1,158 


1-72 


1.060 


1 57 


98 


•15 


July 


56,835 


55,528 


97-70 


1,307 


2-30 


1,193 


210 


114 


•20 


August 


68,604 


67,273 


98 06 


1,331 


1 94 


1.189 


173 


142 


•21 


September 


86,295 


84,535 


97-96 


1,760 


2- 04 


1,558 


1-81 


202 


•23 


October 


108,692 


105,757 


97-30 


2.935 


2-70 


2,551 


2-35 


384 


•35 


November 


91.603 


88,406 


96-51 


3.197 


3-49 


2,830 


3 09 


367 


•40 


December 


71,069 


68,987 


97 07 


2,082 


2-93 


1,944 


2-74 


138 


•19 


Total 


854.117 


832.320 




21 , 797 




19.546 




2,251 














Monthly 




















Average 


71,176 


69,360 


97-49 


1,816 


2-51 


1.629 


2-26 


188 


•25 



A. D. CARTWRIGHT. 

Secretary, B.R.C. 

Ottawa, February 28, 1934. 



(Ehe Poarb of 

Eatltap Commts&tomrs; for Canatra 



Judgments, Orders, Regulations, and Rulings 



Vol. XXIII Ottawa, March 15, 1934 No. 26 



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In the matter of the fire-hazard at pulpwood loading sidings on the LaTuque 
Subdivision between Hervey Junction and Fitzpatrick, Manouan Sub- 
division, Oskelaneo Subdivision, Amos Subdivision, Makamik Subdivision, 
Kapuskasing Subdivision, Pagwa Subdivision, and Rouyn Subdivision, of 
the Canadian National Railways, caused in part from the litter of bark 
and other wood debris removed from cars supplied for loading. 

JUDGMENT 

File 4741-E-9 

McLean, Assistant Chief Commissioner: 

At the hearing in Ottawa on the 22nd instant a full opportunity was afforded 
to make presentations in regard to the question of the fire-hazard at pulpwood 
loading sidings in the sections set out in the heading of this application. Further, 
in this connection there was, therefore, an opportunity to set out fully what 
additional precautions and safeguards were necessary. Representations were 
made by the railway, by representatives of the provincial departments concerned, 
and by Mr. McKerrell for the Abitibi Pulp and Paper Company. A statement 
was also made by Mr. Johnson, who has made inspections in the territory con- 
cerned. The matter was set down for hearing by the Board on its own motion. 

On consideration of what was submitted, it does not appear that there was 
established the necessity for directing additional safeguards. No action need be 
taken on the present record. It would appear from what was submitted that 
there has been active betterment in connection with the inspections. The matters 
concerned may, it would appear, be -safely left to the efficient inspection and the 
active co-operation of the railway with the inspecting officials. If a changed 
condition should justify more stringent regulations than are existent at present, 
the matter can be considered, but at present the necessity would not appear to 
arise. 

February 23, 1934. 

Concurred in by the Deputy Chief Commissioner and Commissioners Norris, 
Stoneman, and Stone. 

355 



356 



Application of the Canadian Pacific Railway Company for the authority of 
the Board to substitute standard wig-wag signals, at the crossing of its 
line by Scugog Street in the Town of Bowmanville, Ontario, in lieu of 
the existing gate protection. 

File 3701.73 

Heard at Bowmanville, Monday, February 12, 1934. 

JUDGMENT 

Commissioner Norms: 

This case arises from the application of the Canadian Pacific Railway 
Company to be allowed to substitute standard wig-wag signals as protection 
at the crossing of its line by Scugog street in the town of Bowmanville, Ontario, 
in lieu of the existing crossing gates. 

The gates at. this crossing were installed under Order of the Board No. 
17661, dated October 3, 1912. At that time the Toronto Eastern Railway 
crossed the Canadian Pacific Railway line (C.L.O. & W. Ry.) exactly at the 
Scugog Street crossing, and the crossing was protected by an interlocking plant, 
the gates being operated from the interlocker tower. 

Order of the Board No. 18541, dated January 15, 1913, apportioned the 
cost of the installation and maintenance of the gates at Scugog Street crossing, 
eighty per cent (80%) upon the Canadian Pacific Railway Company (C.L.O. 
&W. Ry.) and twenty per cent (20%) upon the Toronto Eastern Railway. 

In 1919, upon the abandonment of the Toronto Eastern Railway, the 
diamond crossing and interlocker were removed, the plant, except the tower, 
being completely dismantled in 1924. Since that time the total cost of opera- 
tion and maintenance of the gates has been borne and paid by the Canadian 
Pacific Railway Company. The gates have continued to be operated from the 
interlocker tower, and latterly the telegraph operators in the station have been 
moved to the tower, where they operate the gates in addition to their other 
duties, thus saving the cost of gatemen. 

Scugog street, which runs almost due north and south at the point where 
it crosses the railway, is a county road. It is joined exactly at the crossing 
of the railway by Wellington street which comes in from the southeast, Scugog 
and Wellington streets continuing north as one street. There are gates across 
both Wellington and Scugog streets to the south of the track, and across Scugog 
street on the north side of the track, all these gates being operated, as previously 
set forth, from the interlocker tower. 

At the hearing of the application at Bowmanville, February 12, 1934, the 
railway company was represented by Mr. J. H. Spence, K.C., and Colonel 
Ripley. Mayor Strike, the Reeve and Deputy Reeve, appeared for the town 
of Bowmanville. Mr. Geo. Annis (Reeve) and Mr. A. L. Pascoe (Deputy 
Reeve) appeared for the township of Darlington. 

The Canadian Pacific Railway Company submitted that the special and 
peculiar conditions existing at this crossing in the beginning, namely those 
created by the crossing of two lines of railway exactly at this point, led to 
the installation of gates; that these special and peculiar conditions do not now 
exist, and that, therefore, this crossing does not now differ in conditions from 
many other grade crossings. The railway company further contends that the 
visible and audible signal — wig-wag and bell — is more effective in the preven- 
tion of accidents than the old-time crossing gates; that the wig-wag and bell 
is a more modern, safer and more economical form of protection than gates. 

The railway company is prepared to bear the entire cost of the installa- 
tion and maintenance of the necessary bells and wig-wags at the Scugog Street 
crossing, and submits that this will effect an economy of $1,714.53 annually 
to the company. 



357 

Reference was made by the railway company to the judgments of the 
Assistant Chief Commissioner in the Main Street Crossing, Comber, case (file 
9437.133), and in the Talbot Street Crossing, Essex, case (Case 588), Vol. 23, 
Board's Judgments and Orders, pp. 233-235, in which statistical information is 
given as to the different types of protection at present in use, and the relative 
merits of gates and wig-wags thoroughly gone into. 

The town of Bowmanville and the township of Darlington submitted objec- 
tions to the proposed change in the form of protection at Scugog street, entirely 
from the standpoint of safety. They pointed out that there were switching 
yards on each side of the crossing, one on the north and one on the south side 
of the railway line, though only one track (the main line) actually crosses 
Scugog street. 

It was contended by the representatives of the town and the township that 
confusion would be created in the minds of users of the crossing, should engines 
be standing on either of these two switches, with the bells and wig-wags in 
operation; that both motorists and pedestrians would be likely to cross against 
the bells and wig-wags, under the impression that these were being operated by 
the standing engines, instead of by an approaching train on the main line track. 
They submitted it as their opinion that gates are a better form of protection 
than the bell and wig-wag, and contended that the general public need some 
absolutely tangible form of " obstruction " to advise them that the danger is 
on the main line track and nowhere else. 

Reference was also made by the town and township representatives to the 
obstructions to the view at this crossing, the view of the traffic from the north 
being somewhat obstructed by the water tower, which stands north of the track 
and almost opposite the station. The banks of a cut also obstruct to some 
extent the view of trains from the east. 

There is only one (main line) track across Scugog street. None of the 
tracks of either of the two railway yards, lying north and south of the main 
line track and east and west of the crossing, cross Scugog street at this point, 
and the proposed bells and wig-wags will protect the main line movement only. 
Engines from either yard must come on to the main line track to cross Scugog 
street, and their movement across this crossing will be protected by the bells 
and wig-wags as soon as they enter the bonded area. 

A check of the traffic across Scugog Street crossing for twenty-four hours 
in June, 1933, showed a movement of 497 pedestrians, 798 vehicles, 4 passenger 
trains, 7 freight trains and 2 switching movements. Two of the four pas- 
senger trains passing during daylight hours stop at the station immediately 
west of the crossing; the two other passenger trains pass over the crossing at 
12.38 a.m. and 6.20 a.m., when there is little or no traffic on the highway. The 
freight train movements are not fast freight, and while a new time-table shows 
an additional passenger train since the check of June last, this is a daytime 
movement, which stops at Bowmanville station. 

In the Talbot Street Crossing, Essex (Case No. 588), Vol. 23, Board's 
Judgments and Orders, pp. 235, and the Queen Street Crossing, Tilbury (Case 
No. 461), Vol. 23, Board's Judgments and Orders, pp. 238, Mr. Hill the Safety 
Agent of the New York Central Railroad Lines, gave evidence as to the increase 
in the number of visual protective cases and the decrease in the number of 
crossings where gates are used. He was also on the stand in the Furnival Road, 
Rodney (Case No. 4575), Vol. 23, Board's Judgments and Orders, pp. 304. He 
referred in his evidence to the experience of the New York Central and said that 
on the M.C.R. the proportion of crossings having visual protection was about 
75 per cent; that is to say that of the 714 crossings on that railway where 
there is some type of protection, three-quarters have visual signals. The fol- 

76256— H 



358 



lowing is excerpted from the evidence of Mr. Hill, given before the Board in 
the Rodney case (Vol. 608, pp. 1238) :— 

" Out of the total number of crossings protected 11 per cent were 
protected by gates, and they produced 30 of the accidents. If you want 
to bring it down to the Canadian Division, which is getting nearer, 
we have on the Canadian Division of the Michigan Central, 150 cross- 
ings that have some type of protection. Of this number 90 per cent 
have visual protection and 9 per cent have gates. The 90 per cent of 
the crossings having visual protection, produce one-seventh of the acci- 
dents. We have in Canada on the Michigan Central 9 per cent protected 
by gates, and they produced exactly the same number of accidents; in 
other words, on the Canadian Division of the Michigan Central Rail- 
road the proportion of crossings having protection as between gates and 
wig-wags is 1 to 7, and they produced exactly the same number of 
accidents. We have seven times the number of crossings with wig-wag 
protection as we have with gates, and they had exactly the same number 
of accidents." 

As previously set forth, there is but one track of the Canadian Pacific 
Railway's line crossing Scugog street; the railway yards lying on both sides of 
the main line and on opposite sides of the crossing have little or no effect on the 
conditions as regards safety at this crossing, as only the main line track would 
be bonded to operate the visual and audible protection. 

The submissions of the municipal and township authorities were entirely 
bearing on the conditions of safety at this crossing, these conditions being 
naturally the prime consideration. 

In view of the fact that, with the removal of the tracks of the Toronto 
Eastern Railway, all but one of the railway lines crossing Scugog street have 
been eliminated, leaving one line only to be protected, it would seem clear that 
the conditions at this point do not differ materially from those at a large number 
of grade crossings throughout the country. This applies also in regard to the 
obstructions to the view referred to by the representatives of the town of Bow- 
manville. 

Experience has shown that the audible and visible signal is actually more 
effective in operation than protection by crossing gates. 

At the hearing the railway company spoke only to its original application 
for two bells and wig-wags at this crossing, these to be located south of the track 
and protecting traffic from the two streets which converge inside the railway 
right of way. The Board's engineers were of opinion that it would be further 
advisable to install a powerful floodlight north of the crossing, as additional 
protection to traffic from the north. The railway company has, however, written 
the Board under date of February 22, 1934, stating that, — 

" Following the discussion before the Board on the 12th instant, the 
officers of the company have carefully considered all the circumstances 
involved in the substitution of wig-wags for the existing gates at the above 
crossing, and are of opinion that the third wig-wag should be installed." 

I am accordingly of opinion that order should go, granting the application 
of the Canadian Pacific Railway Company to be allowed to substitute three bells 
and wig-wags for the gate protection now in use at Scugog street, Bowmanville, 
double bells and wig-wags to be installed to the south of the railway track, and 
a third bell and wig-wag to be installed to the north of the track. The location 
of this protection to be decided upon by the Board's engineers, the railway com- 
pany to file the usual detail plans. The cost of installation and maintenance of 
this protection to be borne and paid by the railway company. 

Ottawa, February 26, 1934. 

Concurred in by Commissioners Stoneman and Stone. 



359 



ORDER No. 50805 

In the matter of the application of the Canadian Pacific Railway Company, 
hereinafter called the " Applicant Company" for leave to substitute wig- 
wag signals at the crossing of Scugog Street by its line of railway, in the 
Town of Bowmanville and Province of Ontario, in lieu of the gates 
installed under the Order of the Board No. 17661, dated October 3, 1912. 

File No. 3701.73 

Thursday, the 1st day of March, A.D. 1934. 

S. J. McLean, Assistant Chief Commissioner. 
Hon. T. C. Norms, Commissioner. 
J. A. Stoneman, Commissioner. 
G. A. Stone, Commissioner. 

Upon hearing the application at the sittings of the Board held at Bowman- 
ville, February 12, 1934, in the presence of counsel for the applicant company, 
the town of Bowmanville, and the township of Darlington, and what was alleged; 
and upon reading the report of the Chief Engineer of the Board, and the con- 
sent of the applicant company, filed, — 

It is ordered: 

1. That leave be, and it is hereby, granted the applicant company to install, 
in lieu of the gates required to be maintained by the said Order No. 17661, dated 
October 3, 1912, three automatic bells and wigwags at the crossing of Scugog 
street, in the town of Bomanville and province of Ontario — double bells and 
wigwags to be installed to the south of the railway track and a third bell and 
wigwag to be installed to the north of the track — in accordance with the 
Standard Specifications for Highway Crossing Signals approved under General 
Order No. 468 ; a detail plan showing the layout thereof to be submitted for the 
approval of an engineer of the Board. 

2. That the cost of installing and maintaining the said bells and wigwags 
be borne and paid by the applicant company. 

S. J. McLEAN, 
Assistant Chief Commissioner. 



Application of the City of Montreal for an Order of the Board directing the 
removal of certain structures and works along a proposed branch line to 
be built through Prefontaine, Maisonneuve, and Mercier Wards in the 
City of Montreal and authorized in 1911 and never completed. 

File No. 17716 

JUDGMENT 

McLean, Assistant Chief Commissioner: 

The application was made by the Canadian Pacific Railway Company on 
or about August 30, 1911, under section 222 of the Railway Act for authority to 
construct, maintain and operate a proposed branch line at ground level from a 
point on its main line a short distance south of Forysth street, now called Rouen 
street, in Hochelaga Ward, now called Prefontaine Ward, thence through the fol- 
lowing present portions of the said city to wit said Prefontaine Ward then known 



360 



as Hochelaga Ward, Maisonneuve Ward then constituting the city of Maison- 
neuve, and Mercier Ward then known as Longue Pointe Ward, of the said city 
of Montreal, to a certain point in the said Mercier Ward to wit a certain point 
on cadastral lot No. 395 of the parish of Longue Pointe, Maisonneuve Ward 
being located between Prefontaine Ward and Mercier Ward, Prefontaine Ward 
being to the west of said Maisonneuve Ward and Mercier Ward to the east, the 
whole as will more fully appear from the said application and plans and profiles 
accompanying the said application on file with the Board B.R.C. File No. 17716 
and which branch line was commonly referred to as the Forsyth Street Branch 
or Longue Pointe Spur. 

Subsequently, and before any order was obtained, a new plan showing track 
elevation was filed. On or about July 13, 1912, Order No. 16998, file 17716, 
issued authorizing the construction, maintenance and operation of the said pro- 
posed branch line as required by plans and profile filed with the Board. 

It is not necessary to go into further details in this connection. The application 
made is for an order directing the railway to demolish and remove within a period 
of three months from the date of the order in the present application the struc- 
tures and works which are specified in the application, and it is further set out 
in the application that the city is asking, in the event of the railway failing to 
remove the said structures and works, that the city be authorized to demolish 
and remove same at the expense of the railway company. 

Two matters are concerned: First, the question of jurisdiction, and second, 
the matter of merits of the application. By consent the question of jurisdiction 
was set down to be spoken to separate and distinct from the question of merits. 

In dealing with the powers which it is claimed may be exercised by the 
Board, it must be remembered that the Board is a statutory tribunal. This is 
very clearly set out in the decision of the late Chief Commissioner Killam in 
Duthie v. G.T.R. Co., 4 Can. Ry. Cas., p. 304. At p. 311 Chief Commissioner 
Killam refers to misconceptions existing apparently based "upon the hazy notion 
that the Board was created for the purpose of adjudicating upon any claim 
against or dispute with a railway company." It is further pointed out that not 
only is the Board a creature of statute, but also our constitution assigns powers 
to the provincial courts, both of civil and criminal jurisdiction. Continuing, 
he says: "Corporations created by the Parliament of Canada are ordinarily 
subject to the provincial laws relating to property and civil rights, and, prima 
facie, civil claims against them should be prosecuted in the provincial courts." 
At p. 315 he used the following language: " . . . The business of the Board is 
to enforce the railway legislation of the Dominion Parliament, and, for that pur- 
pose, to order the performance of some acts and to prohibit others. It was not 
created to supplant, or even to supplement, the provincial courts in the exercise 
of their ordinary jurisdiction, but to exercise an entirely different jurisdiction, 
though, perhaps, occasionally overlapping that of the provincial courts." 

In various decisions of the Board it has been emphasized that while the 
powers of the Board are broad, there should be no straining after jurisdiction. 
(Canadian and Dominion Express Co. v. Commercial Acetvlene Co., 9 C.R.C., 
p. 172, 174. See also Bassette v. C.P.R. Co., 24 C.R.C., p. 113.) 

The Board must find its powers within the four corners of the Railway Act. 
(G.T.P. Ry. Co. v. Fort William Landowners and Fort William Investment Co., 
1912 A.C. 224.) 

The city of Montreal in argument directed attention to sections 181, 182, 
and sections 33 and 34 of the Railway Act. Section 182, the branch line section, 
is No. 222 in the legislation which was operative when the order of 1912 issued. 

It is not understood that the legality in point of origin of the works con- 
cerned is in question. It is, however, claimed in substance that the two-year 
period within which branch lines may be constructed has long since elapsed and 



361 



that whatever rights were obtained under branch line sections lapsed with the 
termination of the two-year period, and that this affects the continuance of the 
structures concerning which complaint is made. The Board has no power under 
the branch line sections to order the railway to construct a branch line. The 
sections are permissive. 

Counsel for the city of Montreal then turns attention to sections 33 and 34 
in co-operation with sections 180, 181 and 182. Subsection (2) of section 33 is 
quoted by him as dealing with the powers of the Board to forbid the doing or 
continuing of any act, matter or thing which is contrary to the Act or Special Act. 
He claims that it is contrary to "this Act" for the abutments, columns and girders 
to be left in place. Counsel for the railway company refers to section 33, sub- 
section 1 (a) , and claims that the railway has not failed to do anything required 
to be done under any of these authorities. 

Section 33, subsection (2), of the Railway Act reads as follows: — 

" The Board may order and require any company or person to do 
forthwith, or within or at any specified time, and in any manner pre- 
scribed by the Board, so far as is not inconsistent with this Act, any 
act, matter or thing which such company or person is or may be required 
to do under this Act, or the Special Act, and may forbid the doing or 
continuing of any act, matter or thing which is contrary to this Act, or the 
Special Act; and shall for the purposes of this Act have full jurisdiction 
to hear and determine all matters whether of law or of fact." 

Section 34 is a procedure section. Clause 1, subsection {b) of section 33, 
reads as follows: — 

"... requesting the Board to make any order, or give any direction, 
leave, sanction or approval, which by law it is authorized to make or give, 
or with respect to any matter, act or thing, which by this Act, or the 
Special Act, is prohibited, sanctioned or required to be done." 

Clause 1, subsection (b) of section 33, sets out that the Board has full juris- 
tion to inquire into, hear and determine any application by or on behalf of any 
party interested, and give any direction, leave, sanction or approval which by 
law it is authorized to make or give, or with respect to any matter, act or thing, 
which by this Act, or the Special Act, is prohibited, sanctioned or required to be 
done. 

Counsel for the city of Montreal in referring to subsection (2) of section 33 
claimed that it was contrary to 11 this Act " for the abutments, colums and girders 
to be maintained. Reference is made by counsel for the railway to the provisions 
of section 33, subsection (a), which reads as follows: — 

" complaining that any company, or person, has failed to do any act, 
matter or thing required to be done by this Act, or the Special Act, or by 
any regulation, order or direction made thereunder by the Governor in 
Council, the minister, the Board, or any inspecting engineer or other law- 
ful authority, or that any company or person has done or is doing any 
act, matter or thing contrary to or in violation of this Act, or the Special 
Act, or any such regulation, order, or direction," 

and it is contended that the railway has not failed to do anything required to be 
done under any of these authorities. 

At p. 158 of the argument at the hearing counsel for the railway stated in 
referring to section 33 that the city had complained that the company had failed 
to do something which it was required to do under the Act, and he said the next 
part of the section in question dealt with the complaint that a company or 
person has done or is doing any act, matter or thing contrary to or in violation 



362 



of this Act, or the Special Act, or any such regulation, order or direction. He 
contended that it has not been shown that the railway has done any act, matter 
or thing contrary to or in violation of this Act or the Special Act. He argues 
that when an application is made for an order under section 33, the Board must 
have in the Railway Act, or in some other statute or law, authority to give this 
direction. Continuing, he said: " I think the proper meaning is that the Board 
can give a direction prohibiting us from doing something that is prohibited, sanc- 
tioning something that is sanctioned, or requiring something that is required to 
be done. To bring this case within that, you must find elsewhere that what is 
done or what was done was prohibited by the Act or by some other law." Argu- 
ment by counsel for the city of Montreal did not tie up to the different matters 
concerned the words " prohibited," " sanctioned " or " required to be done." 
His argument was, in substance, that what is sanctioned may be prohibited or 
required to be done; in other words, the words are treated as interchangeable. 

The powers contained in section 33, subsection (2), have been the subject 
of judicial construction in the City of Hamilton v. T., H. & B. Ry. Co., 50 
Supreme Court Reports, 12S, at p. 144-147. There the section concerned was 26, 
subsection (2). In the present Act the comparable section is 33, subsection (2). 
There is a slight difference in the wording, however. The section as it stands at 
present reads in part as follows: " , . . or may be required to do under this 
Act, or the Special Act, . . ." ; while in section 26, subsection (2) , which was 
operative when the above-mentioned judgment of 1914 was rendered, the follow- 
ing words are to be found: " . . . is or may be required or authorized to do 
under this Act or the Special Act . . ." 

The judgment in question was rendered by Mr. Justice Duff, the present Chief 
Justice. It is pointed out by him, that the power given under section 26, sub- 
section (2) , is especially made exercisable only in so far as it is " not inconsistent 
with this Act." " . . . When it is suggested that an authority given by some 
particular section of the Act that on its face is only an authority to pronounce 
permissive orders, is by the operation of this provision converted into an auth- 
ority to pronounce mandatory orders, it is necessary in each case to ascertain 
from the section by which the specific authority is given whether or not such a 
result is consistent with the true intendment of that section." The Chief Justice 
continues that in order to have section 26, subsection (2), apply to the case in 
question, the initiative of the railway company as a substantive condition of the 
Board's jurisdiction which is merely to " approve " and " sanction " something 
" proposed " by the railway company if necessary. He points out that the case at 
Bar itself contemplates the initiative of the railway company as a substantive 
condition of the Board's jurisdiction which is merely to "approve" and "sanction " 
something proposed by the railway company. Continuing, he states that the 
real purpose and meaning of section 26, subsection (2), "itself, ... is, it 
appears to me, to give to the Board authority to make mandatory orders for 
the strictly limited purpose of regulating the time and manner in which some 
authority shall be exercised which has been conferred by Parliament directly or 
mediately through the action of the Board." Further, on p. 146 of the judgment, 
he sets out that the section provides that where a company is or may be authorized 
or required to do something by an Act of Parliament or by the Board, the Board 
may order this to be done forthwith " or within any specified time and in any 
manner prescribed by the Board." On the same page he sets out " the section 
authorizes the regulating of companies and persons when exercising powers con- 
ferred by the Act or by the Board by prescribing the time and manner in which 
such powers shall be exercised. To read the section as authorizing the Board by 
a mandatory order to convert a permissive authority to do something into an 
obligation to do it, is to go beyond the necessary scope and meaning of the 
language used." 



363 



Section 33 does not give mandatory power with respect to the works which 
may be approved or authorized under the permissive clause. The Board's atten- 
tion has not been directed to any other sections bearing upon jurisdiction. 

The application of the city of Montreal should be dismissed. 
March 2, 1934. 

Concurred in by the Deputy Chief Commissioner and Commissioner Stone- 
man. 



ORDER No. 50840 

In the matter of the application of the City of Montreal, in the Province of 
Quebec, hereinafter called the " Applicant," for an Order requiring the 
Canadian Pacific Railway Company to remove certain structures and 
ivorks along a proposed branch line to be built through Prefontaine, 
Maisonneuve, and Mercier Wards in the City of Montreal authorized to 
be constructed under Order No. 16998, dated July 13, 1912, and never 
completed. 

File No. 17716 
Wednesday, the 7th day of March, A.D. 1934. 

S. J. McLean, Asst. Chief Commissioner. 

F. N. Garceatt, K.C., Deputy Chief Commissioner. 

J. A. 'Stoneman. Commissioner. 

Upon hearing the application at the sittings of the Board held in Ottawa, 
February 14, 1934, in the presence of counsel for the applicant and the railway 
company, and what was alleged, — 

It is ordered: That the application be, and it is hereby, refused. 



S. J. McLEAN, 
Assistant Chief Commissioner. 



364 



ORDER No. 50789 

In the matter of the application of the Canadian National Railways and the 
Canadian Pacific Railway Company for an Order (1) approving an 
arrangement between the Applicant Companies for the pooling of passen- 
ger train services hereinafter referred to; (2) under Section 193 of the 
Railway Act, authorizing the Canadian National Railways to run and 
operate Pool Train No. 6 over and upon that portion of the railway of 
the Canadian Pacific Railway Company from the connection between the 
lines of the Applicant Companies at or near Dorval Station, mileage ^-79 
Canadian Pacific Winchester Subdivision, to Windsor Station, Montreal; 
(3) under Section 315 of the Railway Act, for leave to the Applicant 
Companies to pool the tolls and divide the earnings in respect of the ser- 
vices which are to be pooled. 

File No. 27563.283 

Wednesday, the 21st day of February, A.D. 1934. 

B. J. McLean, Asst. Chief Commissioner. 
Hon. T. C. Norms. Commissioner. 
J. A. Stoneman, Commissioner. 
G. A. Stone, Commissioner. 

Upon reading the application and hearing the parties; and upon the report 
and recommendation of the Chief Operating Officer of the Board, — 

It is ordered: 

1. That the arrangement under which it is proposed — 

(a) To cancel the Canadian National daily trains Nos. 33 and 34 between 
Quebec and Montreal via Richmond, and Nos. 75 and 46 between Quebec and 
Montreal via Drummondville; 

(b) To operate as pooled trains between Quebec and Montreal the Cana- 
dian Pacific daily trains Nos. 353 and 354, arriving at and departing from the 
Canadian Pacific Windsor Station, Montreal, Nos. 355 and 356 arriving at and' 
departing from the Canadian Pacific Place Viger Station, Montreal, and Nos. 
357-301 and 302-358, with one section of each train arriving at and departing 
from each of said stations; 

(c) To cancel the Canadian Pacific daily trains Nos. 37 and 20 between 
Montreal and Toronto, Nos. 553 and 552 between Ottawa and Bedell, and Nos. 
549 and 548 between Ottawa and Prescott; 

(d) To operate as pooled trains the following: — 

Canadian National daily trains Nos. 17 and 16, and 5 and 14 over the 
Canadian National line between Montreal (Bonaventure Station) and Toronto; 

Canadian Pacific daily trains Nos. 21 and 22 over the Canadian Pacific 
line between Montreal (Windsor Station) and Toronto; 

Canadian National trains Nos, 9, 10, and 109 over the Canadian National 
line between Toronto and Belleville; 
be approved. 

2. That, instead of operating Pool Train No. 6 into Bonaventure Station as 
provided for by Order of the Board No. 49675, dated March 21, 1933, the Cana- 
dian National Railways be authorized to run and operate said Pool Train No. 6 
over and upon that portion of the Canadian Pacific Railway from the connec- 
tion between such railway and the Canadian National Railway in the vicinity 
of Dorval Station, mileage 4-79 Winchester Subdivision (Canadian Pacific Rail- 
way), to Windsor Station, Montreal; and to use and enjoy, for the purpose of 
such operation, in common with the Canadian Pacific Railway Company, the 
tracks, terminals, and stations of the Canadian Pacific Railway Company com- 
prised in the portion of its railway so referred to. 



365 



3. That leave be granted to the Applicant Companies to pool the tolls and 
divide the earnings in respect of the services covered by this Order and said 
Order of the Board No. 49675, and in respect of non-pooled services in the ter- 
ritory affected by such pooled trains, in such manner as may be agreed upon 
between them. 

S. J. McLEAN, 
Assistant Chief Commissioner. 



ORDER No. 50793 

In the matter of the application of the Buffalo and Fort Erie Public Bridge 
Company, hereinafter called the " Applicant Company," for approval of 
its Tariff C.R.C. No. 2, covering tolls to be charged for use of the Peace 
Bridge between Fort Erie, Ontario, and Buffalo, New York. 

File No. 36795.1 

Wednesday, the 21st day of February, A.D. 1934. 

S. J. McLean, Assistant Chief Commissioner. 
Hon. T. C. Norths, Commissioner. 
J. A. Stoneman, Commissioner. 

Upon the report and recommendation of the Assistant Chief Traffic Officer 
of the Board, and its appearing that the tolls published in the said tariff are 
reasonable for the service rendered, — 

It is ordered: That the applicant company's said Tariff C.R.C. No. 2, 
covering tolls to be charged for use of the Peace bridge between Fort Erie, in 
the province of Ontario, and Buffalo, in the state of New York, on file with the 
Board under file No. 36795.1, be, and it is hereby, approved. 

S. J. McLEAN, 

Assistant Chief Commissioner. 



ORDER No. 50798 

In the matter of the application of the Canadian Pacific Railway Company and 
the Canadian National Railways for an Order approving the arrange- 
ment entered into, in pursuance of the Canadian National-Canadian 
Pacific Act, 1933, for the joint use by the said Railway Companies of the 
passenger station and passenger facilities and team tracks of the Cana- 
dian Pacific Railway Company and the freight shed and freight facilities 
of the Canadian National Railways, and the discontinuance of the pas- 
senger station of the Canadian National Railways at the City of Fred- 
ericton, in the Province of New Brunswick. i 

File No. 38983 

Wednesday, the 28th day of February, A.D. 1934. 

S. J. McLean, Asst. Chief Commissioner. 
G. A. Stone, Commissioner. 

Upon application of the Canadian Pacific Railway Company and the Cana- 
dian National Railways, and hearing counsel for the Canadian National Rail- 
ways; and upon the recommendation of the Chief Operating Officer of the 
Board, — 

It is ordered: That the proposed joint use of the passenger station and 
passenger facilities and team tracks of the Canadian Pacific Railway from a 



366 



point at or near the junction of the tracks of the Canadian Pacific Railway- 
Company with those of the Canadian National Railways at Fredericton, Centre- 
ville Subdivision of the Canadian National Railways, and the joint use of the 
freight shed and freight facilities of the Canadian National Railways from 
approximately the same point, and the discontinuance of the passenger station 
of the Canadian National Railways, be, and the same, so far as may be neces- 
sary thereto, are hereby, approved: Providing that approval of the discontinu- 
ance of the passenger station referred to hereby granted shall not be taken as 
pecluding the Board from further consideration of the question of the closing 
of the station upon complaint or application made to it by the city. 

S. J. McLEAN, 
Assistant Chief Commissioner. 



ORDER No. 50809 

In the matter of tariffs, and supplements to tariffs, filed under the provisions of 
the Maritime Freight Rates Act. 

File No. 34822.12 

Saturday, the 3rd day of March, A.D. 1934. 

S. J. McLean, Assistant Chief Commissioner. 
G. A. Stone, Commissioner. 

It is ordered: 

1. That the tolls published from Yarmouth, Nova Scotia, to Chelmsford, 
Chapleau, and Sault Ste. Marie, Ontario, in Tariff C.R.C. No. E-4312, filed by 
the Canadian Pacific Railway Company under section 9 of the Maritime Freight 
Rates Act, be, and they are hereby, approved, subject to the provisions of sub- 
section 3 of section 3 of the said Act. 

2. And the Board hereby certifies that the normal tolls for the purpose of 
reimbursement under subsection 3 of section 9 of the said Act, on traffic carried 
under the said Tariff C.R.C. No. E-4312, approved herein, are as follows: — 



Yarmouth, N.S. Class rates in cents per 100 pounds 

to 1 2 3 4 5 

Chelmsford. Ont 181* 159 136 113J 91 

Chapleau, Ont 2154 188£ 161| 134£ 108 

Sault Ste. Marie, Ont 173J 152 130 108J 87 



S. J. McLEAN, 
Assistant Chief Commissioner. 



367 

ACCIDENTS REPORTED TO THE OPERATING DEPARTMENT 
BOARD OF RAILWAY COMMISSIONERS, FOR MONTH OF 
DECEMBER, 1933 



Railway accidents 146, with 15 persons killed and 151 injured. 

Railway accidents at highway crossings 25, with 6 persons killed and 23 injured. 

171 21 174 

Killed Injured 

Passengers 1 16 

Employees 5 114 

Others 15 44 

21 174 

DETAILS OF ACCIDENTS AT HIGHWAY CROSSINGS 

N 0> f Nova Scotia 

Accidents 

1 Automobile — Auto ran into side of train. Licence N.S. 72-536. 



Quebec 

1 Automobile — Auto driver failed to stop for crossing. Licence Que. 62008. 
1 Automobile — Auto driver failed to pay attention to approaching train. Licence 
Que. 36031. 

1 Auto Truck — Truck driver failed to stop for train. Licence L-4506 Que. 

1 Auto Truck — Truck driver failed to stop for crossing. Licence Que. F-6493. 

1 Auto Truck — Truck driver unable to stop due to slippery pavement. Licence 

Que. L-4964. 

2 Horse-drawn Vehicle — Vehicle driver attempted to beat train over crossing. 

1 Horse-drawn Vehicle. 

Ontario 

2 Automobile — Auto ran into side of train. Licences, Ont. 127680; LZ-775. 

2 Automobile — Auto driver failed to see or hear engine. Licences, Ont. EH-399; 
V-6666. 

1 Automobile — Auto driver failed to see or hear approaching train. Licence Ont. 
EW-743. 

1 Automobile — Auto driver failed to stop for lowered gates; smashed through. 
Licence Ont. S-2651. 

1 Automobile — Auto driver failed to observe approaching track motor. Licence Ont. 
JZ-847. 

1 Automobile — Auto driver failed to see cars passing over crossing. Licence Ont. 
R-1310. 

1 Automobile — Licence Ont. ES-683. 

1 Pedestrian — Failed to observe approaching train. 

Saskatchewan 

1 Automobile — Auto driver failed to exercise ordinary precaution. Licence Sask. 
64-303. 

1 Horse-drawn Vehicle — Vehicle driver failed to look for train. 

Alberta 

1 Automobile — Licence Alta. 39-137. 

1 Horse-drawn Vehicle — Vehicle driver failed to have horses under control. 

British Columbia 

2 Auto Truck — Truck driver failed to see or hear train. Licences, B.C. 25-376; 6-149. 

Of the twenty-five accidents at highway crossings, six occurred at protected 
crossings and nineteen at unprotected crossings. Fourteen of the accidents 
occurred during daylight hours and eleven at night. 

Ottawa, February 28, 1934. 

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